Who can petition for stalking no contact order Illinois
Overview
A Stalking No Contact Order (SNCO) is a civil court remedy created by the 740 ILCS 21 — Stalking No Contact Order Act.
It protects individuals who are the targets of stalking behavior but who do not share a family or household relationship with the offender.
Unlike domestic-violence orders, an SNCO is available to neighbors, coworkers, classmates, or strangers when unwanted pursuit, monitoring, or threats occur.
The statute allows qualifying persons to file directly in circuit court without police initiation, enabling faster intervention.
The Act defines stalking broadly—two or more separate acts that cause a reasonable person to fear for safety or suffer emotional distress (§ 10).
A petitioner may be any natural person who has experienced stalking in Illinois, regardless of age, citizenship, or relationship to the respondent.
If the victim is a minor or an adult with disabilities, a parent, guardian, or advocate may petition on their behalf.
The process ensures due process to respondents through service and hearing while prioritizing swift safety measures through emergency relief.
Who Can Apply
Eligible petitioners include:
- Any individual subjected to stalking as defined in § 10 of the Act.
- Parents, guardians, or advocates filing on behalf of minors or persons with disabilities (§ 25(b)).
- Authorized representatives of schools, workplaces, or religious institutions seeking institutional protection (§ 35).
No familial or romantic connection is required; the law expressly serves those outside domestic-violence definitions.
Law enforcement officers, employers, and property managers may also coordinate filings to safeguard premises.
Benefits of the SNCO Petition Process
- Accessibility: Free filing statewide; no attorney required.
- Speed: Emergency orders can issue the same day without respondent presence.
- Breadth of Protection: Orders restrict physical, electronic, and third-party contact and may include firearm surrender.
- Public Safety: Encourages early reporting of non-domestic stalking, preventing escalation.
- Independence from Criminal Charges: Victims gain protection even if prosecutors decline to file stalking counts.
Step 1 — Recognize Qualifying Stalking Conduct
The threshold question is whether the conduct legally qualifies as stalking.
Under § 10 of 740 ILCS 21, stalking means a course of conduct—two or more acts—directed at a person that would cause a reasonable individual to fear for their safety or suffer emotional distress.
Acts include following, monitoring, observing, surveilling, threatening, communicating, or interfering with property.
Importantly, the victim’s fear must be objectively reasonable; subjective annoyance alone is insufficient.
Examples: persistent social-media messaging after being blocked, repeated drive-bys of a victim’s residence, or leaving unwanted items at a doorstep.
Each incident should be separated in time to demonstrate a “course of conduct.” Victims must articulate both (1) what occurred and (2) how it impacted their safety or mental state. Police reports help but are not mandatory; credible personal testimony can suffice (Illinois Courts Guidance).
A petitioner should document dates, times, messages, and any witness observations. This record becomes the foundation for the petition form CIV-SNCO 1. Comprehensive documentation establishes pattern and intent, preventing summary dismissal at filing screening. Victims may also consult advocacy agencies or law enforcement for help describing incidents in neutral language that meets the statutory definition.
Recognizing qualifying conduct is vital because Illinois courts require specific examples, not conclusions like “he kept bothering me.” Clear, chronological details show continuity and demonstrate fear was reasonable. This step often takes the most time but sets the tone for judicial credibility.
Step 2 — Determine Proper Venue and Jurisdiction
Illinois circuit courts possess original jurisdiction over SNCO petitions (§ 20).
Petitioners file in the county where they reside, where the respondent resides, or where the stalking occurred.
Selecting the correct venue avoids dismissal for lack of jurisdiction. For example, if harassing emails were sent from Cook County but received in DuPage, either county is proper.
Petitioners should identify their county’s circuit clerk office and verify whether it has a dedicated “Order of Protection & Civil Remedies” window. Many counties maintain self-help centers with the statewide approved forms (Illinois Courts Forms Portal). Venue determines which judge hears the case and how quickly an emergency hearing can be scheduled.
If the victim has moved for safety, venue remains available either in the county of the new residence or the stalking site. Statute § 40 permits confidential address filing using the Address Confidentiality Program to prevent location exposure. Understanding venue ensures service on respondents through proper sheriff jurisdiction and avoids delays.
Petitioners should bring identification, copies of evidence, and if possible the respondent’s address for service. Incorrect jurisdiction is one of the most common grounds for continuance; correcting it early accelerates hearing dates. Legal aid clinics like Prairie State Legal Services offer venue screening at no cost.
Step 3 — Complete the Statutory Forms
The Illinois Supreme Court approved forms for stalking no-contact orders are available free of charge online. Petitioners must complete the following:
- CIV-SNCO 1 — Petition for Stalking No Contact Order
- CIV-SNCO 2 — Confidential Information Sheet
- CIV-SNCO 3 — Emergency Order of Protection Draft
These forms require detailed incident descriptions, dates, and a list of requested reliefs such as no contact, stay-away radius, and communication restrictions. Petitioners should use plain, factual language: who, what, where, when, and why fear exists.
Judges scrutinize credibility and specificity. Vague or emotional statements delay relief. Clerks cannot give legal advice but may check for completeness. If a petitioner lacks the respondent’s address, courts permit service by special order after diligent search (§ 80). Filing under initials or sealed records may be granted for safety.
Accuracy matters. Errors in dates or respondent identifiers may invalidate orders. Before filing, petitioners should review each page for signatures and notarization requirements. Illinois Legal Aid Online offers interactive form completion tools that produce PDFs ready for e-filing (ILAO.org).
Step 4 — File the Petition and Seek Emergency Relief
Once forms are complete, they are filed with the circuit clerk. No filing fee is charged (§ 90). The petitioner may request an immediate “Emergency Stalking No Contact Order” if harm is imminent. Emergency orders can issue the same day without respondent presence under § 95.
During the hearing, the judge reviews the petition, asks clarifying questions, and determines whether the evidence shows probable cause that stalking occurred. If granted, the order is effective for up to 21 days. A plenary hearing is then set where both parties may appear.
Petitioners should bring three copies of all documents. The clerk files one for the court, keeps one for the petitioner, and transmits one to the sheriff for service. Victims should ask for a certified copy and carry it at all times. Once served, law enforcement enters the order into LEADS within 24 hours (§ 115).
This step is critical because the emergency order provides instant protection. It legally bars respondents from contact pending full hearing and authorizes arrest for any breach. Judges weigh urgency and credibility, so petitioners should stay calm, concise, and consistent.
Step 5 — Service of Process on the Respondent
Illinois law requires personal service of the petition and any temporary order upon the respondent before the plenary hearing (§ 60). Service is performed by the sheriff or authorized officer without charge to the petitioner. Once served, the return of service is filed with the court. If the respondent cannot be located after due diligence, the court may order alternative service via publication or special process server.
Service ensures due process and starts the clock for the plenary hearing within 21 days. Petitioners should not attempt to deliver papers personally; doing so may trigger unwanted confrontation. Instead, provide the sheriff with detailed information—address, workplace, vehicle, or frequent locations. Law enforcement officers can verify through databases like LEADS or local warrants.
Once service is complete, respondents are legally bound by the order and warned that violations constitute criminal offenses under 720 ILCS 5/12-3.9. Petitioners should confirm with the clerk that proof of service has been entered; this step determines whether the hearing proceeds or is rescheduled.
If respondents evade service, courts may extend emergency orders and issue alias summonses until proper notice occurs. Judges interpret avoidance as circumstantial evidence of awareness. Efficient service keeps the process lawful and enforces accountability, bridging petitioner safety with respondent rights.
Step 6 — Prepare for the Plenary Hearing
After the respondent is served, the case proceeds to a plenary hearing within 21 days (§ 100).
This is the petitioner’s opportunity to transform the emergency order into a long-term protective order lasting up to two years. Preparation is critical because the court now hears both sides.
Petitioners should bring all evidence of stalking—texts, voicemails, screenshots, police reports, and witnesses. Each exhibit must show a continuing course of conduct and the resulting fear or emotional distress. Victims often testify first, followed by any corroborating witnesses such as coworkers or neighbors. Judges look for credibility, consistency, and factual detail rather than emotion.
Respondents may cross-examine or present defenses (e.g., mistaken identity, lack of knowledge, or constitutionally protected speech). Petitioners should stay calm, answer questions truthfully, and avoid direct argument. The judge may ask clarifying questions to determine whether the pattern meets the statutory definition under § 10 of the Act. If the conduct includes electronic tracking or GPS devices, cite § 20(a-5) authorizing courts to order immediate removal of such technology.
Legal aid advocates can accompany victims for emotional support even if not attorneys; many counties provide advocates through the State’s Attorney Victim/Witness Unit. Interpreters and disability accommodations are available under Supreme Court Rule 63. If the respondent fails to appear despite proper service, the court may proceed ex parte and enter a default plenary order.
Before leaving court, petitioners must obtain a certified copy and confirm the clerk will forward it to the sheriff for LEADS entry within 24 hours. Understanding the plenary hearing process—and preparing systematically—ensures that safety protections become durable and enforceable.
Step 7 — Understand the Relief Granted and Its Scope
If the judge finds stalking proven by a preponderance of evidence, a Plenary Stalking No Contact Order issues under § 110 of the Act. Relief may include:
- Prohibiting any contact directly or through third parties
- Imposing a stay-away radius from home, work, or school
- Restricting electronic or social-media communication
- Requiring firearm surrender under the FOID Act (430 ILCS 65/8)
- Any other remedy necessary to prevent future stalking
The order is valid for up to two years and is automatically enforceable statewide through LEADS and the National Crime Information Center (NCIC).
Petitioners must understand its scope. An SNCO is civil but enforceable criminally: a knowing violation is punishable under 720 ILCS 5/12-3.9. Victims should carry copies for verification during police calls. Orders may extend to family members or coworkers if they too were targeted in the same stalking pattern (§ 115).
Respondents receive written notice that contact in any form—including social media “likes” or messages through others—is forbidden. Judges often warn that even benign apologies count as violations. Petitioners should review the specific language with advocates to understand what constitutes reportable breach.
If circumstances change—such as relocation or new threats—petitioners can move to modify the order under § 105. Keeping clarity about scope and duration prevents accidental technical violations and strengthens future renewal petitions.
Step 8 — Monitor Compliance and Report Violations
Once the order is entered, protection depends on consistent monitoring. Victims should save all communications and note every contact attempt, no matter how minor. Police must arrest without warrant if probable cause exists that a respondent violated the order (725 ILCS 5/112A-22.5). Each incident should be reported immediately to the local department and State’s Attorney.
Petitioners may also document violations through the Illinois Victim Information and Notification Everyday (VINE) system and local victim-assistance coordinators. Prompt reporting ensures the prosecutor can file a criminal complaint for violation of order under 720 ILCS 5/12-3.9 or a petition for civil contempt under 725 ILCS 5/112A-23.
Courts view documentation as the backbone of enforcement. Logs with time, place, and screenshots carry more weight than general claims of “continued harassment.” Victims should avoid responding to messages or meeting respondents to “explain”—doing so can muddy record clarity.
Some jurisdictions offer law-enforcement liaisons who help interpret social-media activity and determine if a post constitutes contact. If a violation is substantiated, arrest leads to criminal charges and bond revocation. Repeat violations may justify felony upgrades and new protective orders.
Diligent monitoring transforms paper orders into living safeguards. Consistency signals to the system that protection remains a priority and to respondents that boundaries will be enforced without exception.
Step 9 — Renew or Extend the Order
Plenary SNCOs expire after two years unless renewed (§ 105). Petitioners may seek renewal any time before expiration by showing continued fear or new incidents. The procedure mirrors the original filing but uses a “Motion to Extend.” Courts commonly grant extensions when the respondent has a history of violations or the victim’s circumstances remain unchanged.
Petitioners should file at least 30 days before expiration to avoid lapse of coverage. If the order expires, the victim must start a new case and re-prove stalking, a burdensome process. Keeping a calendar reminder prevents protection gaps.
At the hearing, the judge reviews the existing record and any new evidence. Even if no new acts occurred, courts recognize that persistent fear can justify renewal when respondents have a past pattern of tracking behavior. Advocates should prepare a brief statement summarizing ongoing risk factors.
If the respondent has moved or lost contact, service of the renewal motion is still required under § 60. Orders may be extended indefinitely for victims of severe stalking or where mental trauma continues. Long-term renewal embeds continuity of safety in the civil system without re-litigating fear every two years.
Step 10 — Close and Maintain Records Safely
After issuance or renewal, petitioners should store all records safely—certified orders, service returns, and police reports. Digital backups in secure cloud accounts or encrypted drives ensure retrievability if paper copies are lost. Victims should share copies with employers, school security, and trusted contacts.
Illinois law encourages information sharing for safety: § 120 permits disclosure to necessary third parties for enforcement. Clerks retain files under restricted access to protect addresses and contact details.
For respondents who complete counseling and demonstrate compliance, records serve as proof of rehabilitation during future proceedings or background checks. Accurate maintenance avoids disputes about order scope or duration years later.
Victims should periodically verify that their order remains active in LEADS and that local law enforcement has updated contact addresses. If moving out of state, register the order with the new jurisdiction under the federal Full Faith and Credit Clause (18 U.S.C. § 2265). Meticulous record-keeping is the final layer of self-protection in Illinois’ stalking-order framework.
Costs Associated
Filing a petition for an SNCO is free (§ 90). The state covers service and sheriff’s fees. Respondents bear their own attorney and court-appearance costs. If violations occur, criminal fines can reach $2,500 for misdemeanors and $25,000 for felonies. Victims incur no charges for copies or enforcement.
Time Required
Emergency orders may issue within hours of filing. Plenary hearings must occur within 21 days. Total process time—from petition to final order—ranges from one day (emergency) to six weeks (plenary). Renewals take about two weeks once filed. Efficiency depends on court volume and service speed.
Limitations
SNCOs cannot compel monetary damages or criminal penalties by themselves; they prevent contact. Enforcement requires police or prosecutor action. Jurisdiction stops at state lines unless registered elsewhere. Victims must continue documenting to show ongoing risk for renewal.
Risks and Unexpected Problems
Risks include retaliation, cyber-harassment from new accounts, and respondent manipulation through third parties. Victims should avoid public discussions of the case online and work with advocacy groups for s
afety planning. Respondents risk severe criminal liability for even technical breaches. Both parties must observe absolute compliance to prevent escalation.