Family & Safety

The first thing you need to do is make sure you are safe. If you are in immediate danger, call 911. For longer-term safety, read more about Sexual assault safety planning common questions.

Second, consider getting free legal assistance to help you navigate the process. There are several sexual assault victim organizations throughout the state of Illinois, as well as free legal aid organizations that can help you both with getting a sexual assault Civil No Contact Order and safety planning.

If you want to file the petition (noun) A written request to a court (verb) To request from a court for a Civil No Contact Order yourself, you will need to fill out these forms:

• Petition for Civil No Contact Order : gives the court information about why you are seeking a Civil No Contact Order and helps the judge to determine whether they should grant an Emergency Civil No Contact Order.
• Civil No Contact Order: There are two kinds of orders. You can ask for one or both.
  • An Emergency Civil No Contact Order gives protection for up to three weeks. The court can grant this without the perpetrator knowing about your petition. Once this is granted, the sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's department will attempt to serve Giving court documents to someone the perpetrator with the Emergency Civil No Contact Order, as well as a copy of your petition.
  • A Plenary Civil No Contact Order gives protection for up to two years. The court can grant this after the perpetrator is served with your petition and a hearing When the parties in a case present their sides of a case to a judge or other officer on your petition is held.
• Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court : gives the sheriff information to deliver the petition and Emergency Civil No Contact Order, if granted, to the perpetrator.

You can use the Civil No Contact Order program to fill out the forms. The Illinois Courts also have forms online. Once the forms are completed, sign them and make three extra copies of each form.

Your petition tells the judge what you are asking for and why. You must write about the assault An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. you experienced. If this is too painful, you can seek a court advocate to help you. If you are under 18, you cannot file your own petition and must ask a family member or someone living in your household over 18 to submit the petition on your behalf. The judge will use the information in your petition to decide whether to give you the order. Include details about what has happened most recently that made you feel like you needed protection. Describe the assault with details like:

• What the sexual assault When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. perpetrator did and said;
• The dates and time of days of the abuse or assault. If you do not remember, then give an estimate;
• Where the abuse or assault happened;
• Who saw or heard the abuse or assault. Be sure to mention if your children were there;
• How you were hurt or injured by the abuse or assault;
• If the police were called;
• How the abuse or assault made you feel; and
• If there was anything that stopped you from coming to court sooner.

If you feel that giving your home address will put you or any people you live with at risk of abuse or assault, do not put your address on the court papers. You do have to put an address where you can get mail in case the perpetrator files any court papers. You can use a P.O. Box Post office box, an individual box for mail at a post office , a work address, or the address of a family member or friend.

File the forms with the circuit clerk The office that takes care of files and documents for circuit court cases at the courthouse in the county where you live, where the perpetrator lives, or where the assault An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. happened. You may file in person or online.

• E-filing: Most counties require you to file your forms and documents electronically. See E-Filing basics for more information. Note, however, that sensitive case types are not required to e-file their documents. Details are 
  available in E-filing common questions.
• Paper filing: If your county allows paper filing or you have an E-filing Exemption Certificate, take your completed forms to the circuit court The lowest level of court in Illinois clerk's office in the courthouse. The clerk will stamp your forms. This stamp is important. It is proof that you filed the form with the court. They will give you a copy for your records.If you are asking for an Emergency Civil No Contact Order, you will get a hearing When the parties in a case present their sides of a case to a judge or other officer  right away without the presence of the perpetrator (respondent A person who has a petition filed against them ). You should be prepared to speak to the judge the same day that you bring your forms to court. If the judge thinks your case is an emergency, they will give you an emergency order. This kind of order will not last more than three weeks. When the judge grants an Emergency Civil No Contact Order, they will also set a date for a court hearing for a Plenary Order that can last up to two years. Make a few copies of the Emergency Civil No Contact Order and always keep a copy of it with you.

When a petition (noun) A written request to a court (verb) To request from a court for a Civil No Contact Order  is filed, it is not accessible to the public. It only becomes public after it has been served to the perpetrator. This way, you can file for a Civil No Contact Order without worrying about retaliation Punishing a person for doing something that is legally protected from the person you are filing against. Similarly, when a Civil No Contact Order is granted, it is not made public until it has been served to the person against whom the Civil No Contact Order applies. Only the following people will know if you have filed for a Civil No Contact Order:

• The court,
• Law enforcement,
• The petitioner A person who makes a written request to a court (you),
• The victim advocate,
• The counsel Another name for a lawyer (lawyers) of record for either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. , and
• The State's Attorney A lawyer who represents the state in a criminal case for the county you filed in.

The sheriff A county officer who can serve people with summons. They can evict someone with a court order. will serve Giving court documents to someone the petition (noun) A written request to a court (verb) To request from a court on the perpetrator, along with the Emergency Civil 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 The office that takes care of files and documents for circuit court cases can tell you what to do next. The perpetrator must obey the order once they receive it from the sheriff. The sheriff does not charge a fee for delivering a copy of your court papers to the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. .

If you have already received an emergency order, it will say when you must go to court. If you do not show up to the hearing When the parties in a case present their sides of a case to a judge or other officer , the judge may cancel the petition (noun) A written request to a court (verb) To request from a court , 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 perpetrator is served, they have an obligation to appear in court at the next court date. If they do not appear, you may request a plenary Civil No Contact Order (CNCO) “by default.” If they do appear, the judge will give them the option to either agree to the plenary Civil No Contact Order or will schedule a hearing regarding the allegations in your petition. If the judge schedules a hearing on your petition, the judge will extend your emergency order until that date. 

At the final hearing, you will need to give testimony Evidence given orally by witnesses to the court. This is where you will have to be ready to explain to the judge in detail why you need a CNCO. If you have a lawyer Someone who represents clients in courts or who gives legal advice , they will help to prepare you to present your case at a hearing. The judge may ask you specific questions, or the judge may just ask you to tell them what happened. Typically, you start by explaining to the judge what happened most recently and then move back in time.  You want to explain to the judge in as much detail as possible. Bring any additional evidence Anything used to show that something is true to court that would prove or support your claims, such as photos, text messages, medical reports, and police reports.

After this, the perpetrator (or their lawyer, if they have one) will have the opportunity to ask you questions in what is known as a “cross-examination.” When you finish, the perpetrator will then present their case, including any evidence they may have to dispute your claims. You will also have the opportunity to cross-examine them.  

After all of this is done, the judge will make a decision on whether to grant your petition for a plenary CNCO. Their decision will depend on a number of things, including the evidence offered and the credibility of the witnesses.

If the judge decides to grant your order, read the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.

If your order is granted, 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. You can also leave copies of the order:

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

The court will tell the sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's department about the order, which will be posted, so all law enforcement agencies in Illinois know that it must be given to the perpetrator. The order can only be enforced after the perpetrator has been notified that the order exists. If the perpetrator is present for the hearing When the parties in a case present their sides of a case to a judge or other officer , they will be served with this order right away.

If your perpetrator violates the order, call the police immediately to make a police report When a police officer writes a description of what happened at an accident and inquire about how to pursue criminal charges for this violation, if you are interested in doing so. A perpetrator who violates a Civil No Contact Order can be arrested and charged with a crime. 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. However, it is best to keep a copy of the order with you at all times.