1. Fill out Stalking No Contact Order forms
Fill out and sign the forms listed below. Make 3 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 about:
- 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 from 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 most 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 abuse, 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.
Note: 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. See more information on the three types of orders of protection
2. File your forms with the court
If you are asking for an Emergency Order of Protection, you will get a hearing right away without the stalker there. You should be prepared to speak 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 judges grant an Emergency Order of Protection, they will also set a date for a court hearing for a Plenary Order that can last up to 2 years.
Make a few copies of the Emergency Order of Protection and always keep a copy of it with you.
3. Get the Sheriff to tell the other party about your case
The Sheriff will serve the petition on the stalker, along with Emergency Order of Protection, 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 side.
4. 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.
At the hearing, you may have to answer questions about what happened before the judge grants a plenary order, which can last up to 2 years. If the stalker comes to the hearing, they will have a chance to tell their side of the story. You can bring a lawyer if you wish.
If the stalker does not come to the hearing, the judge can still issue a plenary order or reschedule the hearing. 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.
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 your children's school or daycare
- In your car
- With a neighbor
- At work
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.