Getting a Stalking No Contact Order

Getting a Stalking No Contact Order

Last updated: April 2012

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A Stalking No Contact Order makes it illegal for a stalker to contact you without your permission. Some examples of what a stalker may not do are: Follow youMonitor youThreaten youThere are two main types of Stalking No Contact Orders:Emergency Stalking No Contact Order which lasts for between 14 and 21 daysPlenary Stalking No Contact Order which can last for as long as 2 yearsClick on words that appear like 'this' to learn what these words mean.What is a Stalking No Contact Order? A Stalking No Contact Order makes it illegal for a stalker to contact you without your permission. With a Stalking No Contact Order, the stalker may not:Follow youMonitor youThreaten youTalk or write to you, or talk and write to other people about youInterfere or damage your propertyInterfere with your petCome near you in public or on private propertyShow up at your work or homeDeliver something to you Are there different types of Stalking No Contact Orders? There are two main types of Stalking No Contact Orders:Emergency Stalking No Contact OrderAn Emergency Order is good for 14 to 21 days.You can get it without telling the stalker that you are asking for it.The Order will tell the stalker when to come to court.File for this Order if you think that the stalker will continue stalking you before the hearing for a Plenary Stalking No Contact Order.Plenary Stalking No Contact Order: This Order may be good for up to two years. You must have a hearing in front of a judge.The stalker must be notified of the hearing before the order can be granted. You can bring a lawyer, rape crisis advocate, and a friend for support. The Sheriff will let the stalker know about the hearing and a judge will then grant or deny your petition. What is "stalking"? Stalking is any course of conduct that causes a reasonable person to fear for their safety or suffer emotional distressSome examples of stalking are:Actions which are started or continued without the victim's consentStaying in the physical presence or sight of the victimApproaching or confronting the victimAppearing at the victim's workplace, residence, or property Delivering things to the victim or to the victim's propertyWho can ask for a Stalking No Contact Order? A Stalking No Contact Order can be filed by:Any person who is the victim of stalking; or Any guardian on the behalf of a child or disabled adult who is the victim of stalking.If you are a victim or rape, sexual assault, or sexual abuse then you should seek a Sexual Assault Civil No Contact Order. For more information, see the "Related Articles" section of this guide.Do I need to know the person stalking me? No.However, if you do already have a relationship with the stalker (such as the stalker is a family member or lives with you), you might get more protection with an Order of Protection. For more information on Orders of Protection, see the "Related Articles" section of this Guide.How do I file a Stalking No Contact Order? You will need to file a petition asking for a Stalking No Contact Order with your local court. If you file an Emergency Stalking No Contact Order, a judge will grant or deny it right away. This order is only temporary.For a Plenary (long-term) Stalking No Contact Order, you will have to pick a day to go to court for a hearing. The Sheriff will let the stalker know about the hearing and a judge will then grant or deny your petition. See the "Instructions" section of this Guide for how to file a Stalking No Contact Order. How long does a Stalking No Contact Order last? An Emergency Stalking No Contact Order lasts for between 14 and 21 days. A Plenary Stalking No Contact Order can last for as long as 2 years. If the stalker is convicted of stalking in a criminal trial, the Stalking No Contact Order will be permanent.Do I need to pay any fees to file my court papers? You can file your court papers for free. The Circuit Clerk does not charge a fee to file a Petition for a Stalking No Contact Order and the Sheriff will not charge you to deliver a copy of your court papers to the other side. Is my Stalking No Contact Order good outside of Illinois? Yes. A Stalking No Contact Order from Illinois is good accross the United States. If you are living outside of Illinois, you should tell the local police about the Stalking No Contact Order to make sure that they know about it. How can I get more help? You can also find agencies that specialize in helping domestic violence victims by visiting the Illinois Coalition Against Domestic Violence.If you would like to talk with a lawyer, you can click on the "Find Legal Help" tab. Prepare the Petition for a Stalking No Contact Order Complete the “Stalking No Contact Order” forms which you can find in the “Forms/Letters” section of this guide. It includes both an Emergency Petition for a Stalking No Contact Order and Plenary (long-term) Stalking No Contact Order. You will have to type in the requested information and your forms will automatically be filled out for you. Just print them when you’re finished. You can also get copies of the necessary forms you need to get a Stalking No Contact Order from your local circuit court. You should make at least 3 copies of the Petition, Summons, and Order. File your Petition for a Stalking No Contact Order You may file at any of the following county courthouses:Where you liveWhere the stalker livesIn the county where one of the stalking events happenedOnly file a petition at one of these locations, you do not need to file at each location. The Clerk will stamp the copies of your petition and summons.If you are asking for an Emergency Stalking No Contact Order, the judge will hear your case for an Emergency Order right away without the stalker there. The judge may ask you questions about the stalker and the stalker's behavior, before deciding whether to grant the Emergency Order. Remember that this Order is only temporary. The judge will also set a date for a court hearing for a Plenary (long-term) Stalking No Contact Order which lasts up two years. Remember that you should always keep a copy of the Emergency Order with you.Take the Order and Summons to the Sheriff’s office If you were granted an Emergency Stalking No Contact Order or just filed the Petition for a Plenary (long-term) Stalking No Contact Order, you or the County Clerk must take the Emergency Order and/or Petition and the Summons for the plenary hearing to the county sheriff’s office. The County Sheriff will serve the stalker with the Emergency Order and/or Petition and Summons for the hearing. You do not need to give the papers personally to the stalker The Sheriff’s office keeps a copy of the order on file. Remember that the order cannot be enforced against the stalker until it is received from the Sheriff’s office.If your Emergency Stalker No Contact Order expires before your hearing for the Plenary Stalking No Contact Order, you may ask the judge for an Interim Stalking No Contact Order until the hearing.Go to the hearing for the Plenary Stalking No Contact Order You must go to the hearing for your Plenary Stalking No Contact Order to get a long-term order. If you do not show up at 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.At the hearing you may have to answer questions about what happened, before the judge grants the order. If the stalker comes to the hearing, they will have a chance to tell their side of the story. You can bring a lawyer or rape crisis advocate if you wish. If the offender does not come to the hearing, the judge can issue a plenary order or reschedule the hearing.Make copies of the Plenary Stalking No Contact Order if granted 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 there is an order.You can also leave copies of the order at your workplace, at your home, at the children's school or daycare, in your car, with a neighbor, at work, etc.

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