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 Stalking safety planning common questions.

Second, consider getting free legal assistance to help you navigate the process. There are several domestic violence/stalking victim organizations throughout the state of Illinois, as well as free legal aid organizations that can help you both with getting a Stalking 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 yourself, 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 for up to three weeks. The court can grant this without the stalker's knowing about your petition in an emergency hearing When the parties in a case present their sides of a case to a judge or other officer held when the petition is filed.
  • A Plenary Stalking No Contact Order: gives protection for up to two years. The court can grant this by agreement or after a hearing, after the stalker knows about your petition.
• 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 A county officer who can serve people with summons. They can evict someone with a court order. information to deliver the petition and Emergency Stalking No Contact Order, if granted, to the stalker.

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

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

If you feel that giving your home address will put you or any people you live with at 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 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 stalker lives, or where the events 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.
• 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.

When a petition (noun) A written request to a court (verb) To request from a court for a Stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing No Contact Order is filed, it is not immediately 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 that the person you are filing against will retaliate before they are served and held to the terms of the order. Only the following people will know if you have filed for a Stalking No Contact Order until the respondent A person who has a petition filed against them is served:

• The court,
• Law enforcement,
• The petitioner A person who makes a written request to a court (you),
• The victim advocate or other court personnel assisting you,
• 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 stalker, along with the Emergency Stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing 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 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 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 next. If you do not show up to a scheduled court date, 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 a court date.

Once the stalker is served, they have an obligation to appear in court. If they do not appear, you may request a plenary Stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing No Contact Order “by default,” meaning because they had knowledge of the case but chose not to attend. If they do appear, the judge will give them the option to either agree to the plenary Stalking No Contact Order or have a hearing When the parties in a case present their sides of a case to a judge or other officer regarding the allegations in your petition. Sometimes those hearings occur on the same day, and sometimes they are scheduled for another time.

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 A written statement used to respond to the complaint or petition in a lawsuit questions about what happened before the judge grants a plenary order, which can last up to two years. Examples of evidence Anything used to show that something is true 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 Evidence given orally by witnesses . You can bring a lawyer Someone who represents clients in courts or who gives legal advice if you wish.

The judge who heard you present your petition may not be the same judge who handles the final hearing. You should plan to share all the facts about the ways you have been stalked, even if you have already shared some of them with the judge at prior court dates. 

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:

• At 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 your stalker. The order can only be enforced after your stalker has been notified that the order exists. However, if they were in court when the order was issued, then the record should show that they are aware.

If your stalker violates the order, call the police immediately and make a police report When a police officer writes a description of what happened at an accident . If you do not have a copy of the order with you, an officer can check 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.

A stalker who violates a Stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing No Contact Order can be arrested and charged with a crime.