Family & Safety

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The Big Picture

A Stalking No Contact Order (SNCO), issued by a judge, stops one person from "stalking" another.

But when can you ask a judge for an SNCO?

Stalking is when one person (the "stalker…

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Note: There are different types of interpersonal violence orders. The stalker cannot be a family member, current or ex-spouse, or current or ex-boyfriend or girlfriend. If they are, use the Order of Protection form instead.

You will need to fill out these forms to ask for a Stalking No Contact Order:

• Petition for Stalking No Contact Order: gives the court information that is needed to decide if you can get a Stalking No Contact Order.
• Stalking No Contact Order: There are two kinds of Orders. You can ask for one or both.
  • An Emergency Stalking No Contact Order gives protection up to 3 weeks. The court can grant this without the stalker's knowing about your petition.
  • A Plenary Stalking No Contact Order gives protection up to 2 years. The court can grant this once the stalker knows about your petition.

  Use the Stalking No Contact Order program to fill out your forms. After they are complete, sign them and make 3 extra copies of each form.

  Your petition tells the judge what you are asking for and why. You must write about the stalking you experienced. The judge will use the information you give in your petition to decide whether to give you the Order.

  When you write about your experience, include details such as:

  • What the stalker did and said;
  • The dates and time of days of each contact the stalker made or tried to make with you. If you do not remember, then give your best guess;
  • Where the stalking happened;
  • Who saw or heard the stalking. Be sure to mention if your children were there;
  • If you were hurt by the stalking;
  • If the police were called;
  • How the stalking made you feel; and
  • If there was anything that stopped you from coming to court sooner.

  Describe what has happened recently that made you feel like you needed court protection.

  If you feel that giving your home address will put you or any people you live with at a risk of harm, do not put your address on your court papers. You do have to put an address where you can receive mail in case the stalker files any court papers. You can use a P.O. Box, work address, or address of a family member or friend.

  File your forms with the court

  File the forms with the circuit clerk at the courthouse in the county where you live, where the stalker lives, or where the events happened.

  When a petition for a Stalking No Contact Order is filed, it is not accessible to the public. It only becomes public after it has been served to the person stalking you. This way, you can file for a Stalking No Contact Order without worrying the person you are filing against will retaliate.

  Only the following people will know if you have filed for a Stalking No Contact Order:

  • The court,
  • Law enforcement,
  • The petitioner,
  • The victim advocate,
  • The counsel of record for either party, and
  • The State's Attorney for the county you filed in.
  Get the sheriff to tell the other party about your case

  The Sheriff will serve the petition on the stalker, along with the Emergency Stalking No Contact Order, if one was granted. You may need to take a copy of the papers to the Sheriff's office. The circuit clerk can tell you what to do next. The stalker must obey the order once they get it from the Sheriff. The Sheriff does not charge a fee for delivering a copy of your court papers to the other party.

  Go to the hearing

  If you already received an emergency order, it will say when you must go to court. If you do not show up to the hearing, the judge may cancel the petition and you will have to start over. The judge may not be as willing to grant you a plenary (long-term) order if you miss your first court date.

  Once the stalker is served, they have an obligation to appear in Court. If they fail to appear, you may request a plenary Stalking No Contact Order “by default”. If they do appear, the Court will give them the option to either agree to the Plenary Stalking No Contact Order or have a hearing on the allegations in your Petition.

  If the judge reschedules the hearing, the judge will usually extend your emergency order. If the judge holds the hearing, the judge will decide whether to grant the order and for how long.

  At the final hearing, you will have to answer questions about what happened before the judge grants a plenary order, which can last up to two years. Examples of evidence are:

  • other witnesses,
  • text messages,
  • voicemails,
  • medical records from an emergency room visit, or
  • pictures showing abuse, like holes in a wall or bruises.

  If the stalker comes to the hearing, they will have a chance to tell their side of the story. They will also be allowed to “cross-examine” you, or ask you direct questions about your testimony. You can bring a lawyer if you wish.

  You should read the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave. Then, make copies of the order and always keep one with you. You should also give a copy of the order to anyone who is named in and protected by the order.

  The court will tell the Sheriff's department about the order, which will be posted so all law enforcement agencies in Illinois know that it must be given to your stalker. The order can only be enforced after your stalker has been notified that the order exists.

  You can also leave copies of the order:

  • At your workplace
  • At your home
  • At your children's school or daycare
  • In your car
  • With a neighbor

  If your stalker violates the order, call the police immediately and make a police report. If you do not have a copy of the order with you, an officer can check in their computer system and see if there is an order. But it is best to keep a copy of the order with you at all times.

  A stalker who disobeys a Stalking No Contact Order can be arrested and charged with a crime.