Family & Safety

Stalking is when one person repeatedly contacts, communicates with, or follows another person. It must be done in such a way that the stalking survivor could reasonably be expected to suffer:

• Fear for their safety,
• Fear for the safety of someone else,
• Emotional distress, which can be a result of the stalker:
  • Creating a disturbance at the survivor's workplace or school,
  • Repeatedly calling the survivor's workplace or home after being told by the survivor or their employer to stop,
  • Repeatedly following the survivor in public places,
  • Repeatedly watching the survivor by staying outside their home, workplace, car, or other space or by looking into the survivor's windows,
  • Threatening the safety of the survivor's children or family members, or
  • Threatening physical force, confinement, or restraint.

Stalking can also include harassment, which:

• Is conduct not necessary to accomplish a reasonable purpose under the circumstances,
• Would cause a reasonable person emotional distress, and
• Causes emotional distress to the survivor.

To legally be considered stalking under Illinois law, there must be at least two separate incidents of this behavior.

Someone may be stalking a survivor when they take at least two of the following actions in two separate instances of contact and cause the survivor emotional distress or fear for their safety or someone else’s:

• Follows the survivor,
• Tracks or monitors the survivor,
• Appears uninvited at the survivor’s home, work, or school,
• Makes unwanted phone calls or sends unwanted emails or texts,
• Leaves objects for the survivor,
• Vandalizes the survivor’s property,
• Hurts the survivor’s pet, or
• Threatens the survivor.

It can still be considered stalking if another person is committing the stalking acts against the survivor on behalf of the stalker.

The Stalking Prevention, Awareness, & Resource Center has a series of publications identifying different ways and contexts in which stalking can occur, such as through technology or targeting immigrant survivors or LGBTQIA+ survivors.

Cyberstalking is unwanted electronic communication directed at a specific person. It causes the stalking survivor to fear for their safety or the safety of another. It can also cause emotional distress. Examples of cyberstalking include:

• Making threats on social media or by text message,
• Threatening to share nude or explicit photos or private information,
• Breaking into someone’s online accounts to threaten them or assume their identity,
• Sending messages meant to cause emotional distress, or
• Monitoring the location and activities of the survivor.

Generally, it is not considered stalking if someone views publicly posted information or content, such as posts on social media or blogs.

For immediate help, survivors of stalking can:

• Call 911 if they are in immediate danger
• Call law enforcement for assistance
• Call a domestic violence hotline if the stalking is part of domestic abuse
  • The National Domestic Violence Hotline at (800) 799-7233 or text START to 88788.
  • The Illinois Domestic Violence Hotline at 877-863-6338 (877-TO END DV) or text
  • Your local domestic violence victim service agency in this directory maintained by the Illinois Coalition Against Domestic Violence.
• Call or text Victim Connect Resource Center at (855) 484-2846 or chat online to learn more about rights and options.
• Contact the Illinois 988 Suicide & Crisis Lifeline by calling or texting 988 or use chat.
• Call the National Suicide Prevention Hotline at (800) 273-8255 for English, (800) 628-9454 for Spanish, or (800) 799-4889 for Deaf & Hard of Hearing. You can also text HOME to 741741 (English). You can reach out online by completing a survey to be connected with a counselor.
• Call The Trevor Project at (866) 488-7386 to talk to crisis counselors who understand the challenges the LGBTQIA+ communities face. You can also text START to 678-678 or chat.

Yes, a person who stalks another person can be charged with a crime. If the crime of stalking is reported to the police by the survivor, the police may request that the survivor sign a complaint. The State’s Attorney’s Office may then bring charges. Please know that whether charges are filed is often out of the hands of the survivor of stalking. 

Yes. If the stalking survivor is not interested in pursuing criminal charges or the State's Attorney office does not file charges against the stalker, the survivor may request protection by filing a petition for a Stalking No Contact Order (SNCO). Issued by a judge, this tells a person to stop contacting another person.  A survivor can ask the judge to stop the stalker from:

• Following or monitoring them,
• Threatening them,
• Talking or writing to them (by cellphone, computer, mail, phone, text, email, instant message, or social media),
• Interfering with or damaging their property,
• Possessing or buying firearms, as well as confiscating the stalker’s Firearm Owner’s Identification (FOID) card,
• Coming near them in public or on private property, and
• Showing up at their work, home, school, or daycare facility.

If the stalker is a family member, current or ex-spouse, or current or ex-boyfriend or ex-girlfriend and the stalking is part of domestic abuse, then the survivor can apply for an Order of Protection instead, which provides more options and details for the protection the court can order. The Order of Protection does not require at least two incidents of stalking as long as all the other requirements are met.

A survivor can also ask for a criminal protective order if criminal charges are filed by the state’s attorney against the person stalking them for an offense related to the stalking.

In Illinois, a Stalking No Contact Order (SNCO) can be requested by the survivor themself or on behalf of a child or disabled or elderly adult who is the survivor of stalking. The authorized agent of a workplace, school, or place of worship can also apply for a SNCO.

When applying for a SNCO, the survivor is called the “petitioner,” because they are petitioning the court for an order, and the stalker is called the “respondent” because they are responding to the case.

There is no fee to file a Stalking No Contact Order.

A survivor may file a petition for a Stalking No Contact Order without the stalker’s name, but they will need some identifying information in order to allow the order to have any effect, because the stalker would need to be served with the order to be held to its terms.

A survivor can report stalking behavior to law enforcement even without identifying information such as a name or an address. It is possible that law enforcement will have the resources to determine who the stalker is. 

No. The stalker does not need to be a resident of Illinois for a survivor to apply for an Illinois Stalking No Contact Order. The stalker may live somewhere else, as long as the conduct happens in Illinois.  For example, the stalker may send the survivor emails or texts from outside Illinois, but on occasion, visit the survivor in Illinois and give them reason to believe they could be harmful.

The stalker (respondent) will not immediately know if the survivor has filed a Stalking No Contact Order (SNCO). When a petition for an SNCO is filed, it is not immediately made accessible to the public. It only becomes public after it has been served to the stalker. 

Only the following people will know if the survivor (petitioner) has applied for a SNCO before the stalker is served:

• The court,
• Law enforcement,
• The petitioner,
• The victim advocate or other courthouse personnel who assist with filing,
• The counsel of record for either party, and
• The State's Attorney for the county the survivor filed in.

The stalker must be served with the SNCO petition so they have an opportunity to talk to the judge or provide information at the hearing. After this hearing, the judge will decide whether or not to grant a long-term SNCO.

If protection is needed in the time between the filing of the SNCO petition and the hearing, the survivor can apply for an Emergency Stalking No Contact Order. This order can be granted by a judge without notice being given to the stalker and can last up to three weeks.

An Emergency Stalking No Contact Order is an order a judge can sign that will temporarily order the stalker to stop contacting the survivor (petitioner). The order typically lasts for three weeks at a time and is in place before a court hearing is held on the main plenary Stalking No Contact Order (SNCO) case.  The stalker (respondent) must be served with the SNCO petition, and a hearing must be held before a judge can sign the main plenary SNCO order. The Emergency SNCO protects the survivor in the meantime.

If an emergency SNCO is granted, it will likely stay in place until the final hearing is held on the petition. It will be extended from court date to court date. 

If an Emergency Stalking No Contact Order is not granted by a judge, the survivor can still move forward with their request for a plenary Stalking No Contact Order. However, the survivor may want to consider withdrawing the request for the plenary order because the stalker will be notified of the plenary hearing, and there will be no emergency order to protect the survivor before the hearing. It is highly recommended that the survivor speak with a domestic violence organization or legal aid lawyer in such a situation.

When a Stalking No Contact Order (SNCO) is granted, the court will make sure the information is processed with the Sheriff, who will update their system to reflect the order. If needed, the Sheriff will also attempt to serve the stalker with the order.

A survivor should keep a copy of the SNCO with them at all times. They can provide a copy of the SNCO to places such as their work, school, building security, neighbors, or family members in case the stalker attempts to make contact at any of these places.

If there is a Stalking No Contact Order (SNCO) in place against a stalker, the first violation is a Class A misdemeanor under Illinois law. This is punishable by up to a year in jail, a $2,500 fine, and other assessments.  Any violation after that is a Class 4 felony.

If the stalker is not following the SNCO, the survivor should contact law enforcement for help.    

Yes, an Illinois Stalking No Contact Order is enforceable in other states. A stalking-related protective order from another state will be enforceable in Illinois as well.
 

A Stalking No Contact Order (SNCO) can be in effect for up to two years.

To extend the order, the survivor must file a request to extend the SNCO with the court before the plenary order expires. In this request, they should explain why the extension is needed, including whether there have been new incidents of stalking.

The survivor does not need to file any request to extend an emergency SNCO. The court will automatically extend the emergency order until the hearing on the petition is held and a decision is made about the plenary SNCO.    

The Illinois Crime Victims Compensation Act allows victims of violent crime to get refunds for some out-of-pocket expenses, such as medical costs, mental health counseling, loss of earnings, and relocation expenses. Survivors who experienced stalking or violations of a Stalking No Contact Order may be eligible for this program.

The Illinois Stalking No Contact Order Act can be found at 740 ILCS 21/. For more information and forms to file a Stalking No Contact Order and Emergency Stalking No Contact Order, read Starting a case to get a Stalking No Contact Order.

A survivor of stalking may want to get a lawyer to help them, particularly if the identity of the stalker is unknown. A lawyer can also help the survivor complete the documentation, file the petition for a Stalking No Contact Order, and represent the survivor in the hearing.

You can use Get Legal Help to find a free legal aid organization or a private lawyer near you.