Overview

The Illinois Stalking No Contact Order Act (740 ILCS 21) creates a civil remedy for people subjected to stalking, regardless of any family or household relationship. An order may be issued on an emergency basis without prior notice to the respondent when statutory showings are met (740 ILCS 21/95), or after notice and hearing as a plenary order (740 ILCS 21/100). If the court finds the petitioner has been a victim of stalking and the emergency or plenary prerequisites are satisfied, a stalking no contact order “shall issue” with remedies set out in Section 80 (740 ILCS 21/80). Violations are criminally enforceable under the Criminal Code (720 ILCS 5/12-3.9). Illinois Courts provide approved statewide forms for filing and enforcement logistics, which standardize practice across circuits (illinoiscourts.gov).

Who Typically Benefits & Who Can Apply (Including On Behalf Of Others)

The statute protects anyone who has suffered a “course of conduct” constituting stalking that would cause a reasonable person to fear for their safety or suffer emotional distress. Petitioners need not have any domestic relationship with the respondent—this Act fills the gap where the Domestic Violence Act does not apply. Eligible petitioners include adults filing for themselves; parents/guardians filing for minors; and authorized representatives filing for adults who cannot file due to disability, health, or inaccessibility, consistent with the persons-protected and standing provisions (740 ILCS 21/15). Venue is broad: you may file in any county where you live, where the respondent lives, or where any act of stalking occurred (740 ILCS 21/55). Standardized statewide forms support pro se filing and assist clerks, sheriffs, and judges in consistent processing (Illinois Courts forms).

Benefits of the Stalking No Contact Order Statute

• Clear statutory relief: If stalking is proven and emergency/plenary prerequisites are met, the order must issue; remedies include no contact, stay-away zones, protection for workplaces/schools, and other tailored terms (740 ILCS 21/80).
• Two tracks of protection: Emergency orders (ex parte) for immediate danger; plenary orders after notice and hearing for up to two years with extensions (§95; §105).
• Fast notice/appearance timelines: The Act tightens summons/notice timing and requires quick appearances (Act index incl. service/venue).
• Criminal enforcement for violations: First violation = Class A misdemeanor; subsequent = Class 4 felony (720 ILCS 5/12-3.9).
• Statewide forms/access: Centralized, approved forms make filing consistent statewide (Illinois Courts).

Process Under the Statute: 10 Detailed Steps

Step 1: Read the Statute to Confirm Substantive Elements and Remedies

Begin at the source: read the operative provisions of the Stalking No Contact Order Act so your petition aligns with the statute’s language and burdens of proof. Three anchor sections frame your presentation: (1) Section 80 (Remedies; “shall issue” if the court finds stalking and the emergency/plenary prerequisites are met); (2) Section 95 (Emergency SNCO—issued ex parte on the petition and the judge’s examination when jurisdiction and Section 80’s prerequisites are satisfied); and (3) Section 100 (Plenary SNCO—issued after notice and a hearing, upon proof of the statutory elements). The remedies catalog in Section 80 guides what you ask the court to order (no contact, stay-away from home/work/school, protection of family members, restrictions on electronic or third-party contact, etc.). By drafting to the statute’s verbs, you strengthen the court’s ability to make precise findings and relief. See 740 ILCS 21/80, §95, and §100.

Next, confirm who can file and where. Section 15 (persons protected / standing) makes clear that petitioners do not need a domestic relationship; the Act is expressly designed for non-domestic scenarios (neighbors, coworkers, acquaintances, strangers). If filing on behalf of a minor or a person who cannot file, state your authority and relationship consistent with Section 15. Section 55 (venue) gives you options: file in your county, the respondent’s county, or any county where an act of stalking occurred—choose the venue that maximizes safety and logistical ease. See 740 ILCS 21/15 and venue provisions.

Finally, understand how violations are enforced. The Criminal Code separately criminalizes violations of an SNCO, empowering police and prosecutors to respond quickly. The penalty scheme (first = Class A misdemeanor; subsequent = Class 4 felony) is codified in 720 ILCS 5/12-3.9. Internalizing these references helps you communicate with officers, clerks, and the court using the exact statutory terms the system expects.

Step 2: Map the “Course of Conduct” to Statutory Definitions and Draft a Chronology

The statute contemplates stalking as a “course of conduct” comprising multiple acts of non-consensual contact that would cause a reasonable person to fear for safety or suffer emotional distress. Your petition should therefore read like a carefully indexed timeline, not a set of generalities. Create a table of incidents with date, time, location, method (e.g., following, surveillance, appearing at home/work/school, unwanted messages/tags/calls), what was said or done, and the effect on you. The more your chronology mirrors the statute’s elements, the easier it is for the court to make findings under Section 80 and to conclude that emergency or plenary prerequisites are satisfied under Sections 95 and 100. As you collect texts, DMs, voicemails, photos, and witness statements, label each item (e.g., “Exhibit A—Text, March 4, 2025, 9:12 pm: ‘I see you.’”). Print screenshots and keep originals with metadata intact for authentication at hearing. See §80 (remedies on finding of stalking).

Venue and service timelines are also statutory—and they matter. The Act requires a separate summons for an SNCO action and accelerates the respondent’s answer/appearance deadline (incorporating Supreme Court Rule 101(d) but with a 7-day response in SNCO contexts). That shortened timeline is one reason to have your exhibits organized before filing: hearings come quickly, and judges expect petitioners to be ready. See Act index and service language at 740 ILCS 21 (Act index).

In short, Step 2 is about precision and alignment: your facts to the statute’s elements; your exhibits to your requested remedies; and your timeline to the Act’s accelerated procedure. That congruence will carry forward into the court’s written findings and the clarity of the resulting order.

Step 3: Use the Illinois Approved Statewide Forms and Select Remedies Under §80

Illinois Courts publish approved statewide forms for Stalking No Contact Orders to standardize filing and ensure completeness. Download the SNCO suite, which typically includes: Petition, additional affidavit pages, Emergency Order (proposed), Plenary Order (proposed), Summons/Notice, and instructions. Using these forms reduces clerk rejections and accelerates judicial review. See Illinois Courts—Civil & Stalking No Contact Orders.

Within the petition, you will select specific remedies that correspond to Section 80. The statute authorizes a tailored menu: prohibitions on any contact (in person, electronic, third-party), stay-away distances from home/work/school (and other regularly attended places), protection for family/household members, and any other relief necessary to prevent further stalking. The court’s authority is broad once stalking is found; the order should be as specific as possible so law enforcement can enforce it immediately. Reference 740 ILCS 21/80.

Decide whether to request an Emergency SNCO. Under §95, the judge may issue emergency relief based on your sworn petition and judicial examination without advance notice to the respondent if the jurisdiction and §80 prerequisites are met. If granted, the court will set a prompt return date for the plenary hearing where notice and the opportunity to be heard are required (§100). Ensure the proposed orders you bring to court mirror the remedies you actually seek; precise drafting helps the judge sign an enforceable order on the spot.

Step 4: File the Petition, Seek Emergency Relief, and Track Accelerated Notice/Service

File your petition in a proper venue (your county, respondent’s county, or where an act occurred). Ask the clerk about the court’s same-day emergency-review process; many circuits present petitioners to a judge promptly. Be prepared for questions on jurisdiction, the incidents you described, and the necessity of immediate relief. If the judge issues an Emergency SNCO under §95, confirm the return/hearing date for the plenary order under §100. Obtain certified copies before you leave; carry one at all times and distribute to school/work security as appropriate. The court’s order will be transmitted to law enforcement so it can be verified statewide.

Service and notice are not afterthoughts—they are statutory requirements. SNCO proceedings require a separate summons, and the statute accelerates the respondent’s answer/appearance deadlines (incorporating Supreme Court Rule 101(d) but generally requiring response or appearance within 7 days for SNCO matters). Attach the petition, affidavits, and any emergency order to the summons/notice. Coordinate with the sheriff or authorized process server for rapid, safe service at home, work, or other known locations. See Act service/summons language in 740 ILCS 21 (Act index; service provisions).

Track service with the clerk and request the filed Return of Service as soon as it posts. Actual knowledge and personal service matter for criminal enforcement; police will confirm service before arrest on a violation. If service proves difficult, document diligent attempts and ask the court about continuances while keeping emergency protections active. Do not attempt personal service; use law enforcement or licensed servers to preserve safety and evidentiary integrity.

Step 5: Prepare for and Attend the Plenary Hearing Under §100

The plenary hearing is the statutory gateway to long-term relief. Under §100, the order “shall issue” if (1) notice was served in accordance with Section 65, and (2) you establish the requirements of Section 100 (including that §80’s findings are satisfied). Arrive early, check in with courtroom staff, and have two labeled exhibit sets (for the court and the respondent). Your testimony should follow the chronology you drafted: what happened, when, where, how often, and how it affected your safety and emotional well-being. Tie each remedial request to facts (e.g., stay-away from your workplace because the respondent appeared there on specific dates).

Expect cross-examination. Keep answers concise and fact-based, anchored in your exhibits. Judges evaluate credibility, consistency, and whether the evidence shows a course of conduct—not a single disagreement—causing reasonable fear or emotional distress. If the court grants the order, review every paragraph before leaving. Ensure prohibited contacts (in-person, electronic, third-party) and protected places (home, work, school, other regular locations) are listed, along with any firearm/weapon provisions the court deems appropriate under §80. Obtain certified copies immediately and ask the clerk to confirm the order is transmitted for law-enforcement verification statewide.

If relief is denied, ask about your right to re-file if new stalking occurs and whether any parts of the record should remain confidential. Regardless of outcome, your preparation under the statute informs future safety planning and any criminal investigations tied to violations or related offenses under 720 ILCS 5/12-3.9.

Step 6: Understand Enforcement and Police Response (740 ILCS 21/115; Criminal Enforcement 720 ILCS 5/12-3.9)

Enforcement is what transforms a paper order into real-world safety. Under the Illinois Stalking No Contact Order Act, a valid order is enforceable statewide once entered into the Law Enforcement Agencies Data System (LEADS). The Act directs law enforcement to treat a properly issued and served Stalking No Contact Order (SNCO) as fully enforceable in any Illinois county (740 ILCS 21/115). Practically, this means that if the respondent shows up at a prohibited location, sends a message after no-contact has been ordered, or uses a third party to relay communications, officers may verify the order in LEADS and act. To accelerate response, keep a certified copy of the order with you and provide the case number, issuing county, and respondent’s name when calling 911.

Illinois criminal law separately penalizes violations of SNCOs. Police may arrest without a warrant if there is probable cause that the respondent knowingly violated the order. The criminal offense of “Violation of a Stalking No Contact Order” is codified at 720 ILCS 5/12-3.9. A first conviction is a Class A misdemeanor; a second or subsequent is a Class 4 felony. This criminal overlay is designed to reinforce the civil protection with immediate consequences. Each time you report a violation, ask for the police report number and record the date, time, location, what happened, and any witnesses. Bring that record to any future extension or modification hearing; the history matters.

Enforcement often turns on notice. Officers will confirm that the respondent was served or otherwise had actual knowledge of the order. Ensure the clerk has a filed “Return of Service,” and if the court permitted an alternative service method, carry proof of that order. If an officer appears unfamiliar with SNCOs, show the certified copy and reference Section 115. Emphasize that the Act is specifically for non-domestic stalking; it is not necessary to qualify under the Domestic Violence Act. For work and school, provide copies to HR and campus or building security. They can call police immediately if the respondent is seen on premises.

Digital harassment requires the same vigilance. Save screenshots of texts, emails, DMs, tags, or posts and print them with visible timestamps. If you suspect spoofed accounts, note the links and usernames. Illinois courts routinely accept printed copies of electronic communications as exhibits, and officers can take those as part of a criminal report. For location-based violations (e.g., appearing within a set distance of your home or workplace), calmly note the distance and any corroboration (security footage, badge logs, witnesses). Your steady, consistent reporting creates a reliable enforcement pattern that prosecutors and judges can act upon quickly. Finally, if you relocate, ask the clerk how to keep your address confidential (see Illinois Supreme Court Rule 138 on personal identity information) and coordinate with law enforcement so they can still reach you through the court while your address remains protected.

Step 7: Renew, Extend, or Modify the Order Before Expiration (740 ILCS 21/105)

A plenary Stalking No Contact Order typically lasts up to two years, but the statute expressly allows extensions when continued protection is needed (740 ILCS 21/105). To avoid any lapse, calendar the expiration date on the day you receive the order and set reminders 60, 45, and 30 days beforehand. File a motion to extend well before the end date so the court can set a hearing in time. The law does not require a brand-new incident; persistent fear that remains reasonable under the circumstances, evidence of attempted contact, or ongoing monitoring can justify extension. In your motion, explain what has (or has not) happened since issuance, attach new police reports or screenshots, and request that existing terms remain in place or be adjusted as needed.

Modifications are equally important. If the respondent’s tactics change—new platforms, proxy accounts, different routes to your workplace—you can ask the court to modify the order to add specificity (for example, naming accounts or clarifying bans on indirect contact “through others”). Because Section 80 authorizes “any other relief the court deems necessary to protect the petitioner,” courts have broad authority to tailor terms. If you moved jobs or residences, update protected addresses so the stay-away zones remain accurate and enforceable. Bring your updated contact information to court but request protection of personal identifiers per Illinois Supreme Court rules when appropriate.

During an extension or modification hearing, the judge reviews whether the statutory prerequisites remain met and whether relief should continue or be adjusted. Be concise, factual, and documentary—judges appreciate organized incident logs that align dates with exhibits. Ask the clerk to transmit the extended or modified order to law enforcement so it appears active in LEADS the same day. Extensions keep your protection seamless; missing the deadline can force you to re-file from scratch, which creates a window of vulnerability. Plan ahead with your advocate, and treat renewal as part of a cycle of safety—preparation, monitoring, and timely court follow-through.

Step 8: Respond to Violations Through Criminal Cases and Civil Contempt (720 ILCS 5/12-3.9; 740 ILCS 21)

A violation of an SNCO is both a criminal matter and a basis for civil contempt. Under 720 ILCS 5/12-3.9, police may arrest without a warrant if there is probable cause that the respondent knowingly disobeyed any term of the order (no contact, stay-away, indirect contact, etc.). The State’s Attorney prosecutes the offense; penalties escalate for repeat offenders. Parallel to the criminal avenue, you can file a Petition for Rule to Show Cause in the same civil case, asking the court to find the respondent in contempt for violating its order. Civil sanctions can include fines, jail time, or stricter conditions (for example, expanding protected locations or increasing distance requirements).

Your documentation is the bridge between events and consequences. Keep a running log of incidents: date, time, place, what occurred, witnesses, screenshots, and the police report number each time you call. If violations occur online, capture URLs and account names, not just screenshots. If the respondent uses others to deliver messages, note who, when, and how the message referenced you; indirect contact is still contact if intended to reach you. Bring your log to every court appearance. Judges rely on consistent, corroborated records to distinguish isolated misunderstandings from deliberate harassment.

When the court hears a contempt petition, the focus is whether the respondent had knowledge of the order and willfully disobeyed it. Direct proof of service helps; so does evidence that the respondent previously acknowledged receiving the order (e.g., a message or courtroom appearance). Sanctions serve two purposes—punish the violation and deter future conduct—so the judge may also modify the order to close any loopholes exposed by the breach. On the criminal side, stay in touch with the Victim/Witness Unit. They can guide you through charging decisions, court dates, and victim-impact statements. If you encounter enforcement inconsistency across jurisdictions, reference 740 ILCS 21/115 to emphasize statewide validity.

Step 9: Seek Reconsideration or Appeal if Relief Is Denied or Limited (Trial Motions; Illinois Supreme Court Rules 301–303)

If the court denies an emergency order, limits remedies at the plenary hearing, or dismisses your case, you are not without options. Within 30 days of the final order or judgment, you may file a motion to reconsider in the trial court under the Code of Civil Procedure (e.g., 735 ILCS 5/2-1203) to correct errors of law or fact or to present newly discovered evidence that could not have been submitted earlier with due diligence. A motion to reconsider can be efficient when the issue is a misunderstanding of the statutory standard (for example, if the court incorrectly implied that physical injury is required, rather than the statute’s focus on non-consensual contact and reasonable fear/emotional distress).

Appeals are governed by the Illinois Supreme Court Rules. A final order granting or denying relief is generally appealable under Rule 301, and the Notice of Appeal is typically due within 30 days of the entry of the judgment (see Rules 301–303). Appeals examine legal error or abuse of discretion; they are not a second trial on the facts. Consult the appellate self-help materials on the Illinois Courts website and, if possible, seek assistance from legal aid for record preparation (transcripts, common-law record, appendix). Importantly, unless stayed by the appellate court, an order granting protection remains enforceable during the appeal; do not assume a respondent’s appeal suspends your protection—confirm with the clerk and continue reporting violations as usual.

If you prevail on appeal or on reconsideration, the case may be remanded for further proceedings consistent with the appellate court’s opinion. Treat appellate remedies as part of a layered safety approach: while you pursue higher-court review, your day-to-day safety planning and enforcement continue unchanged. Whether you seek reconsideration or appeal, stay precise, cite the statute (Sections 80, 95, 100, 105), and tie the court’s decision back to those textual requirements. That disciplined framing gives reviewing courts clear grounds to correct legal missteps.

Step 10: Maintain Long-Term Compliance, Safety Planning, and Multi-Agency Coordination (Full Faith & Credit; Records Hygiene)

A Stalking No Contact Order is a cornerstone of safety, but long-term protection combines legal enforcement with practical planning and disciplined record-keeping. Keep certified copies of your order at home, work, and in your vehicle. Provide one to school, property management, and HR or security offices with clear instructions: do not disclose your schedule, immediately call police if the respondent appears, and document any sightings. If you relocate, ask the clerk how to update your address confidentially (Illinois Supreme Court Rule 138 governs protection of personal identity information in court filings). For moves to another state, register your Illinois order as needed under the federal Full Faith and Credit framework (18 U.S.C. § 2265) so local police can verify and enforce it. Although federal law is not an Illinois source, Full Faith and Credit explains why your Illinois order is honored nationwide; day-to-day coordination still runs through your Illinois case and local law enforcement.

Digital safety requires periodic audits: update passwords, enable multi-factor authentication, review privacy settings, and be cautious about geotagging. Keep a “contact log” documenting any attempted communication, even if apparently benign; patterns often reveal escalation early. If the respondent tries new platforms or indirect messaging through third parties, save everything and bring requests to modify the order so it speaks clearly to modern tactics. Ask your employer’s IT or campus security to flag spoofed accounts or unusual access attempts tied to your name.

Finally, maintain personal resilience. Stalking litigation and enforcement can be emotionally taxing. Seek support from victim services referenced by state agencies (for example, through your State’s Attorney’s Victim/Witness Unit). Keep renewal on your calendar and start the extension process early under 740 ILCS 21/105. Safety grows from steady, iterative action: observe, document, report, renew, and update. When court orders, police coordination, workplace procedures, and personal routines work in sync, the statutory protections of 740 ILCS 21 reach their full, practical effect.

Costs Associated

Illinois streamlines access to SNCO relief. Approved statewide forms are free from the Illinois Courts website (illinoiscourts.gov). Many circuits do not charge filing or certified-copy fees for protective matters; confirm with your circuit clerk. Service by sheriff is common and may be treated as a safety-related service. If you need fee relief in a related civil filing, consult Illinois Supreme Court Rule 298 (applications for waiver of court fees and costs). Legal aid organizations coordinate with circuit clerks and may assist with preparation and e-filing where available; use the Illinois Courts site to locate local self-help resources and standardized packets.

Time Required

Emergency SNCOs may be issued promptly based on the petition and the judge’s examination when statutory prerequisites are met (740 ILCS 21/95). Plenary SNCOs require notice and a hearing under 740 ILCS 21/100; courts set accelerated timelines for appearance and service in these cases. Once granted, a plenary order lasts up to two years and can be extended under 740 ILCS 21/105. From initial filing to plenary adjudication, many cases complete within several weeks, depending on service and docket load. Build in time to assemble exhibits and witness statements so you are hearing-ready when the court calls your case.

Limitations of Stalking No Contact Orders in Illinois

An SNCO is a legal boundary, not a physical barrier. It binds only the named respondent and depends on effective service or actual knowledge for personal enforceability. Courts must tailor relief to the statute—Section 80 authorizes broad but specific protections, which should be drafted clearly for police to enforce. Orders expire unless extended, and they do not resolve collateral civil issues (like property disputes or employment grievances). Jurisdiction and venue limits still apply (Act index). Recognizing these boundaries helps you pair legal relief with safety planning and workplace or campus protocols for comprehensive protection.

Risks and Unexpected Problems

Common challenges include delayed service (slowing personal enforceability), respondent retaliation after notice, and confusion about indirect or online contact. Technology evolves faster than statutes; if harassment shifts platforms, move to modify the order with explicit terms. Emotional fatigue is real—use advocates and the Victim/Witness Unit to pace the process. Enforcement can vary by officer familiarity; carry certified copies, reference 740 ILCS 21/115, and insist on a report number for every incident. The biggest avoidable risk is a protection gap—calendaring renewal under §105 prevents lapses and maintains LEADS continuity.

Sources (Official)

• Illinois Courts — Civil & Stalking No Contact Orders (Approved Statewide Forms)
• 740 ILCS 21 — Illinois Stalking No Contact Order Act (Act index: venue, service, enforcement)
• 740 ILCS 21/80 — Remedies; issuance
• 740 ILCS 21/95 — Emergency stalking no contact order
• 740 ILCS 21/100 — Plenary stalking no contact order
• 740 ILCS 21/105 — Duration; extension
• 740 ILCS 21/115 — Enforcement by law enforcement agencies
• 720 ILCS 5/12-3.9 — Violation of a Stalking No Contact Order (criminal offense)