Family & Safety

In Illinois, sexual assault occurs when a person engages in or commits:

• Non-consensual sexual conduct (includes as any intentional touching or contact with a person’s sexual organs, anus, or breast) or
• Non-consenual sexual penetration (includes any contact between the sex organ or anus of one person with the other person’s sex organ, mouth, or anus. It also includes any insertion of any part of a person’s body or object into the sex organ or anus of the other) and one of the following:
  • The perpetrator uses force or threatens to use force against the survivor;
  • The perpetrator knows that the survivor is unable to understand what is happening or cannot give informed consent;
  • The perpetrator is a family member of the survivor, and the survivor is under 18 years old; or
  • The perpetrator is 17 years old or older and holds a position of trust, authority, or supervision over the survivor, and the survivor is between 13 and 17 years old. (Note that if the survivor is under 13, this is a different crime.)

For immediate help, survivors of sexual assault can:

• Call 911 or law enforcement
• Call a rape crisis hotline. To find the nearest center and call its 24-hour hotline, go to the Illinois Coalition Against Sexual Assault website or call (217) 753-4117.  In Chicago, you can contact the Chicago Rape Crisis Hotline at Resilience at (888) 293-2080.
• Call RAINN, a 24-hour national sexual assault hotline at (800) 656-HOPE (4673). There is also an online chat service.
• Contact the Illinois 988 Suicide & Crisis Lifeline by calling or texting 988 or use chat.
• Call The Trevor Project's 24-hour hotline 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 survivor of sexual assault can apply for either an Order of Protection if they have a “familial relationship” or reside in the same household with the abuser, or a sexual assault Civil No Contact Order if they do not that relationship with the perpetrator. An Order of Protection might provide more protections and options than a Civil No Contact Order.

They may also receive an “emergency” version of either order.

A sexual assault Civil No Contact Order (CNCO), issued by a judge, tells a person to stop contacting another person. A CNCO can order that the perpetrator of the sexual assault:

• Stay away from the survivor,
• Avoid contacting the survivor through telephone, computer, email, texts, mail, instant message, social media, or other people,
• Not be within a certain distance from the survivor,
• Stay away from specific places like a home, a school, a daycare, or an office, and
• Transfer to another school if the survivor and the perpetrator attend the same school.

In Illinois, a sexual assault Civil No Contact Order (CNCO) can be requested by:

• Any person who is a survivor of sexual assault or abuse,
• Any legal guardian of a child or a legal guardian of a disabled or elderly adult who has been the survivor of sexual assault or abuse,
• Any family member of the survivor (with the consent of the survivor to file on their behalf), or
• Anyone who lives in the same home as the survivor (with the consent of the survivor to file on their behalf).

When applying for a CNCO, the survivor is called the “petitioner,” and the person who has committed the sexual assault is called the “respondent.”

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

A survivor can keep their address confidential when they apply for a sexual assault Civil No Contact Order if they state in their petition that revealing their address would place them or a member of their household at risk for abuse. When a survivor does not disclose their address, they must provide an alternative address where they can receive notices of motions filed with the court. Survivors do not have to provide their phone number when filing a petition for a Civil No Contact Order.

No, there is no fee to file a petition for a sexual assault Civil No Contact Order.

No, a survivor is not required to file a police report for sexual assault before filing a petition for a Civil No Contact Order.
 

Yes. The perpetrator of the sexual assault will receive a copy of the petition when they are served a summons to appear in court.

When a survivor files a petition for a sexual assault Civil No Contact Order, the petition will be accessible to:

• The court
• Law enforcement
• Rape crisis advocate
• Lawyers for either party
• The State’s Attorney for the county

No, applying for a sexual assault Civil No Contact Order (CNCO) will not affect the criminal case against the perpetrator. They are two separate proceedings. However, any information or testimony given in the CNCO can be used as evidence in the criminal case.

If there is a criminal case, the survivor may request the judge “consolidate” or combine their civil sexual assault Civil No Contact Order into the pending criminal case. 

No, the perpetrator of the sexual assault will not be arrested if the survivor gets a sexual assault Civil No Contact Order. This is a civil action, so the perpetrator of the sexual assault will get a summons, a notice of the filing of a Civil No Contact Order, issued and served to them, but they will not be arrested. 

If a criminal case is filed against the perpetrator for sexual assault, they may be arrested in that case.

In order to be granted a plenary sexual assault Civil No Contact Order (CNCO), the sexual assault survivor will need to give testimony to the court during a hearing in front of a judge, as well as the perpetrator (respondent). The survivor should be ready to explain to the judge in detail why they need a CNCO. The judge may ask the survivor specific questions, or they may ask them to tell them what happened. The survivor should be prepared to explain what happened to the judge in as much detail as possible and bring any additional evidence to court that would substantiate their claims, such as photos, text messages, voicemails, medical reports, and police reports. 

The judge will make a decision after the closing statements. This will depend on a number of things, including the evidence offered and the credibility of the witnesses.
 

If a sexual assault Emergency Civil No Contact Order is not granted by a judge, the survivor can still move forward with their request for a plenary Civil No Contact Order. However, the survivor may want to consider withdrawing the request for the plenary order because the perpetrator 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 sexual assault organization or legal aid lawyer in such a situation.

After a sexual assault Civil No Contact Order is granted, the court will give the order to the police department. The survivor should carry a copy with them at all times. They can also provide a copy to their employer, school, etc.

When granted, an emergency sexual assault Civil No Contact Order can last up to 21 days in a civil case. However, the emergency order may be extended at subsequent court dates for an additional 21 days. The emergency order will likely remain in place pending a hearing to determine whether or not the survivor will receive a long-term “plenary” sexual assault Civil No Contact Order. A plenary sexual assault Civil No Contact Order can last up to two years in a civil case. 

The survivors can ask that the plenary order be extended prior to its expiration by filing a motion for extension. If it is uncontested (the perpetrator agrees to the extension) and there is no modification of the order, it may be extended if the survivor gives an affidavit stating the original circumstances for the Civil No Contact Order have not changed. If it is contested (the perpetrator does not agree to the extension), then the survivor must demonstrate “good cause,” which typically means there have been violations of the order justifying the extension.

In certain cases, the survivor can request that a Civil No Contact Order become permanent when the perpetrator is convicted of sexual assault or sexual abuse in a criminal trial.

If the perpetrator (respondent) violates a sexual assault Civil No Contact Order, they can be charged with a Class A misdemeanor. Any violations after that can be a Class 4 felony.

The survivor can and should report any violations to the police and make sure to get a police report of this violation. The survivor should ask the police about how to prosecute this violation. Even if the police cannot prosecute the violation of the order for any reason, it is still useful to create a record. 

 

Yes, the Illinois sexual assault Civil No Contact Order is enforceable in every state.  Similarly, a sexual assault protective order from any other state is enforceable in Illinois.
 

The Illinois Crime Victims Compensation Act allows survivors 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 of criminal sexual assault or violations of a sexual assault Civil No Contact Order may be eligible for this program.

The Illinois Civil No Contact Order Act can be found at 740 ILCS 22/. For more information and forms to file a Civil No Contact Order and Emergency Civil No Contact Order, read Starting a case to get a sexual assault Civil No Contact Order.

A survivor of sexual assault may want to get a lawyer or a sexual assault victim organization to help them navigate the legal process, including obtaining a sexual assault Civil No Contact Order and safety planning.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you. You can also read Illinois Coalition Against Sexual Assault’s Illinois Legal Aid Resources for Sexual and Domestic Violence Survivors.