How to Get a Civil No Contact Order in Illinois: Filing and Hearing

To get a Civil No Contact Order in Illinois, you file a written petition in circuit court under the Civil No Contact Order Act (740 ILCS 22), ask the judge for an emergency order that can take effect the same day, and then return for a plenary hearing where the court can issue an order lasting up to two years. There is no filing fee, and you do not need a lawyer to start.

This order is designed for victims of non-consensual sexual conduct or non-consensual sexual penetration. If your situation involves stalking without a sexual component, Illinois handles that through a separate Stalking No Contact Order under 740 ILCS 21.

Who Can File

Anyone who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration can petition, even if there was only a single incident and even if you had no prior relationship with the person who harmed you. Minors are not barred from seeking or being subject to an order.1Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Article II

You do not have to file for yourself. The statute also lets these people file:

  • A parent, guardian, or other person acting on behalf of a minor or an incapacitated adult who cannot file because of age, disability, health, or inaccessibility.
  • A family or household member of the victim, with the victim’s written consent.
  • An Illinois National Guard or reserve member who received a Military Protective Order, or the Staff Judge Advocate acting with the service member’s consent.

The petition can name the person who committed the act and anyone who aided them.2Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Definitions

Where and How to File

File in the circuit court of any county where you live, where the respondent lives, or where the sexual conduct or penetration occurred. Illinois also permits online filing, which matters if appearing at the courthouse would put you at risk.1Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Article II

The petition must be in writing and either verified under oath or supported by an affidavit. It has to state that you were the victim of non-consensual sexual conduct or penetration by the respondent. Include specific details: dates, locations, and what happened. Police reports, medical records, and witness accounts help, though the statute does not require them.

If listing your home address would put you or someone in your household at risk, you can leave it off every document filed with the court. You will need to provide an alternative address where the respondent can send legal notices.1Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Article II

Filing costs nothing. The statute prohibits any charge for filing, modifying, or certifying a Civil No Contact Order, and the sheriff serves the paperwork at no cost. You do not have to prove financial hardship or apply for a waiver.1Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Article II

The Emergency Order for Immediate Protection

If the court finds you are in immediate danger, it can issue an emergency order the same day without notifying the respondent first. The order lasts between 14 and 21 days, which gives the court time to schedule a full hearing. The judge does not need to find that you suffered physical injury to grant it.3Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Duration and Extension

Most petitioners start here. The emergency order gets protection in place quickly; the plenary hearing that follows produces the longer-term order.

The Plenary Hearing

At the plenary hearing, both sides can present evidence, call witnesses, and make arguments. The standard is preponderance of the evidence, meaning you need to show it is more likely than not that the non-consensual conduct occurred.4Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Application of Rules

If the court is satisfied, the plenary order can last up to two years. It can be extended one or more times, and with good cause the court can grant an indefinite extension that remains in effect until it is specifically vacated or modified.3Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Duration and Extension

You are not required to have a lawyer, but the plenary hearing is where representation tends to make the biggest difference. Rape crisis advocates are also permitted to be present during proceedings under this act.

What the Order Can Do

The court can shape the order around your situation. Available protections include:

  • Barring the respondent from contacting you directly, through third parties, or through electronic means such as social media and text messages.
  • Requiring the respondent to stay away from your home, workplace, school, and other places you regularly go.
  • Ordering the respondent to return personal property taken during the assault or harassment.
  • Prohibiting the respondent from possessing or purchasing firearms while the order is in effect.

You can ask the court to modify the terms as your circumstances change.

Getting the Respondent Served

The order is not enforceable against the respondent until the respondent has been served. The summons requires the respondent to answer or appear within seven days and must include the petition, any supporting affidavits, and any emergency order already issued. A sheriff or other law enforcement officer handles service, and these cases receive priority over other summonses except those of a similarly emergency nature.5Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Process

If the respondent cannot be located after reasonable efforts, the court may allow service on a household member or by publication. You will need to file an affidavit or provide sworn testimony describing the steps you took to find the respondent. When the respondent is in custody at the time the order is issued, the custodial law enforcement agency must serve the order before releasing them.6Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Notice of Orders

If the Respondent Violates the Order

As soon as the order is issued, the sheriff sends a copy to the Illinois State Police for entry into the Law Enforcement Agencies Data System (LEADS) that same day. Any officer in Illinois can then verify the order and its terms.7Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Data Maintenance

An officer with probable cause to believe a violation has occurred can arrest the respondent without a warrant. Verification can happen by contacting the officer’s department, checking LEADS, or reviewing a copy of the order provided by either party.8Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Arrest Without Warrant

Penalties escalate after the first violation:

The word “knowing” carries weight. The prosecution must show the respondent was aware of the order and intentionally violated its terms, which is why proper service is critical to enforceability.

Extending or Modifying the Order

You can file a motion to modify an emergency or plenary order at any time. Within the first 30 days after a plenary order is entered, the court has broad discretion to adjust the terms. After 30 days, you need to show a change in the law or the facts since the order was entered.11Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Modification

To extend an order, you must meet the same requirements that applied when it was first issued. If the extension is uncontested and you are not requesting changes, you can submit a motion or affidavit stating there has been no material change in circumstances and explaining why you still need the order. Extensions must be granted in open court. With good cause, a plenary order can be extended indefinitely until vacated or modified.3Illinois General Assembly. Illinois Code 740 ILCS 22 – Civil No Contact Order Act – Section: Duration and Extension

Do not wait until the last day. Once an order lapses, you lose its protections and would need to start over.

Protection If You Travel or Move

Under the Violence Against Women Act, every state and tribal jurisdiction must give full faith and credit to a qualifying protection order issued by another state’s court and enforce it as their own.12Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders For interstate enforcement to apply, the issuing court must have had jurisdiction, and the respondent must have received notice and an opportunity to be heard. Emergency orders issued without notice still qualify as long as the respondent will get a hearing within a reasonable time under the issuing state’s law. Keep a certified copy with you when you travel; officers in another state may need to see it.

One boundary to be aware of: the federal firearms ban under 18 U.S.C. ยง 922(g)(8) applies specifically to intimate partner relationships as defined by federal law. Because 740 ILCS 22 does not require any prior relationship between the parties, not every Civil No Contact Order will trigger that federal ban. Whether it applies depends on the facts and the relationship between you and the respondent.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

Keeping Your Address Hidden

If you are worried the respondent could locate you through public records, the Illinois Attorney General’s Address Confidentiality Program, known as Safe at Home, provides a substitute address that keeps your real location out of government databases. You designate the Attorney General as your agent for service of legal process and receipt of mail, and the office forwards first-class mail to you.14Illinois Attorney General. Address Confidentiality Program Application

To qualify, you must be an Illinois resident who has good reason to believe you are a victim of sexual assault, domestic violence, stalking, or human trafficking, and who fears for your safety. A parent or guardian can apply on behalf of a minor child or a person with a disability. State and local government agencies must accept the substitute address in place of your home, work, or school address; private companies are not required to do so. The Attorney General is prohibited from disclosing the addresses in your application.