An Illinois stalking no contact order is a civil court order that bars a stalker from contacting, following, or coming near you, whether or not you know the person. You file a petition in any Illinois circuit court at no cost, the judge can issue an emergency order the same day, and a longer-term plenary order can last up to two years. Violating the order is a criminal offense.
When This Is the Right Order
Illinois has three civil protective orders, and choosing the wrong one means starting over. A stalking no contact order is designed for stalking victims who have no domestic or family relationship with the stalker, and it is available only when relief under the Illinois Domestic Violence Act is not an option. If the person stalking you is a current or former spouse, dating partner, household member, or family member, an Order of Protection is the right tool. If you are a victim of sexual assault, a Civil No Contact Order applies, with no relationship required. The stalking no contact order fills the gap: strangers, coworkers, casual acquaintances, neighbors, or anyone else outside the domestic categories.1Office of the Illinois Attorney General. Violence Prevention and Public Safety – Orders of Protection
What Behavior Qualifies as Stalking
The Act defines stalking as a course of conduct directed at a specific person that the respondent knows, or should know, would cause a reasonable person to fear for their safety or suffer emotional distress. A course of conduct requires at least two acts. Those acts can include following, monitoring, surveilling, or threatening you, or interfering with your property or pet. The Act also covers harassment: conduct that serves no reasonable purpose and would cause a reasonable person emotional distress.2Illinois General Assembly. Illinois Code 740 ILCS 21-10 – Definitions
Digital conduct is squarely included. Using an electronic tracking system to monitor someone’s location, sending unwanted emails and text messages, and repeated contact through social media all count. A GPS device attached to your car falls within the statute, as does a barrage of messages across platforms.2Illinois General Assembly. Illinois Code 740 ILCS 21-10 – Definitions
One carve-out: the Act exempts lawful exercises of free speech and assembly. Legitimate picketing, workplace advocacy, and similar protected activity does not qualify as stalking even if the person on the receiving end finds it unwelcome.2Illinois General Assembly. Illinois Code 740 ILCS 21-10 – Definitions
Who Can File
Any stalking victim can file for themselves. Someone else can file on behalf of a minor child or on behalf of an adult who cannot file due to age, disability, health, or inaccessibility. An authorized representative of a workplace, school, or place of worship being targeted can file for the institution. Members of the Illinois National Guard or reserve components who have received a Military Protective Order can file, and the Staff Judge Advocate can file on the servicemember’s behalf with their consent.3Illinois General Assembly. Illinois Code 740 ILCS 21-15 – Persons Who May File Petition
The workplace and school route is often overlooked. An employer or school administrator can seek protection for the institution itself, not just for an individual employee or student.
How to File
File a petition in any Illinois circuit court, in person or online. Describe the stalking behavior in detail and attach supporting evidence: police reports, screenshots of messages, photographs, witness statements. Clerk’s offices provide simplified forms for people without an attorney. There are no filing fees for the petition, for modifications, or for certified copies. The sheriff serves the paperwork at no cost.4Justia Law. Illinois Code 740 ILCS 21-20 – Commencement of Action, Filing Fees
Emergency Order
If you need immediate protection, the court can issue an emergency stalking no contact order the same day, without notifying the respondent first. You have to show that giving the respondent advance notice would likely allow the very harm the order is meant to prevent. The judge may examine you to confirm the allegations support the order. An emergency order lasts 14 to 21 days, and the court schedules the plenary hearing within that window.5Illinois General Assembly. Illinois Code 740 ILCS 21-95 – Emergency Stalking No Contact Order
If the courthouse is closed, a petitioner can still obtain a 21-day emergency order. The chief judge of each circuit designates at least one judge to be available at all times to issue emergency orders by phone, fax, or other means.
Plenary Order
The plenary order is the longer-term order that follows the emergency phase. The respondent must be served with notice and given the chance to appear and present a defense. The standard of proof is preponderance of the evidence: it must be more likely than not that stalking occurred. There is no right to a jury trial. A plenary order can last up to two years and can be extended one or more times if you continue to meet the statutory requirements.6Illinois General Assembly. Illinois Code 740 ILCS 21-100 – Plenary Stalking No Contact Order7Illinois General Assembly. Illinois Code 740 ILCS 21-105 – Duration and Extension of Orders
A pending criminal prosecution against the respondent does not block the civil order. Both cases can move forward at the same time, and dismissal of the criminal case does not require dismissal of the civil order.4Justia Law. Illinois Code 740 ILCS 21-20 – Commencement of Action, Filing Fees
What the Order Can Require
The court selects from a menu of remedies based on your circumstances:
- Prohibiting the respondent from committing or threatening further stalking.
- Barring any contact with you or a third person named by the court.
- Requiring the respondent to stay a specified distance from your home, school, daycare, workplace, or other places you frequent.
- Prohibiting the respondent from possessing a Firearm Owner’s Identification Card or from buying or possessing firearms.
- Prohibiting the use of any electronic tracking system to monitor your location or movements.
- If both parties are minors attending the same school, ordering the respondent to transfer or accept a change of placement.
- Any other injunctive relief the court considers necessary to protect you.
The court can also award costs and attorney fees. Monetary damages are not available under this Act; compensation for financial losses caused by stalking requires a separate civil action. When the respondent is a minor, the court can order the parents or guardians to take specific steps to ensure compliance.8Illinois General Assembly. Illinois Code 740 ILCS 21-80 – Stalking No Contact Orders, Remedies
Penalties for Violating the Order
Violating a stalking no contact order is criminal, and the penalties climb quickly. The statute reaches only knowing violations, so the contact has to be intentional rather than accidental.
- A first violation is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.9Justia Law. Illinois Code 740 ILCS 21-125 – Violation10Illinois General Assembly. Illinois Code 730 ILCS 5-4.5-55 – Class A Misdemeanor
- A second or subsequent violation is a Class 4 felony, carrying one to three years in prison.9Justia Law. Illinois Code 740 ILCS 21-125 – Violation11Illinois General Assembly. Illinois Code 730 ILCS 5-4.5-45 – Class 4 Felony
The order itself must include a conspicuous notice warning the respondent of these consequences.12Justia Law. Illinois Code 740 ILCS 21-110 – Contents of Orders
Firearm Consequences
Firearm restrictions operate on two levels. Under Illinois law, if the court includes the firearm provision in the order, the respondent must surrender their FOID card, which is confiscated and returned to the Illinois State Police, and they cannot buy or possess firearms while the order is in effect. This applies regardless of the relationship between the parties.8Illinois General Assembly. Illinois Code 740 ILCS 21-80 – Stalking No Contact Orders, Remedies
Federal law adds a separate layer under 18 U.S.C. ยง 922(g)(8), which bars a person subject to a qualifying protection order from possessing firearms or ammunition. The federal provision applies to orders involving an intimate partner or that partner’s child, and it requires either a credible-threat finding or an explicit prohibition on physical force. A stalking no contact order between strangers may not trigger the federal ban on its own, which is why asking the Illinois court to include the state firearm prohibition in the order matters.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Enforcement Outside Illinois
An Illinois order does not stop at the state line. Under the Violence Against Women Act, every state and territory must give full faith and credit to a valid protection order from another jurisdiction and enforce it as if it were their own. The order must have been issued after notice and an opportunity to be heard (or qualify as a valid emergency order) and must restrain the respondent from stalking, harassing, threatening, or contacting the protected person.14Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
You can present your Illinois order to law enforcement in another state without registering it there first, though registering can speed up enforcement if you need to call police quickly. Carrying a certified copy when traveling is a simple precaution.
Changing or Challenging the Order
You can ask the court to modify an emergency or plenary order at any time by requesting a change to the remedies. After the first 30 days of a plenary order, modification requires a showing that the law or the facts have changed since the order was entered.15Illinois General Assembly. Illinois Code 740 ILCS 21-120 – Modification, Reopening of Orders
A respondent who received no notice before an emergency order was entered can petition for a rehearing. The respondent has to show both that they got no prior notice of the initial hearing and that they have a valid defense to the order or that the order exceeded what the Act authorizes. The petition requires at least two days’ notice to the petitioner, or shorter notice if the court allows.15Illinois General Assembly. Illinois Code 740 ILCS 21-120 – Modification, Reopening of Orders
At the plenary hearing, a respondent can challenge whether the evidence meets the preponderance standard, whether the conduct amounted to two or more acts forming a course of conduct, and whether the behavior fell within the free speech exception. On a violation charge, the respondent can argue the contact was not knowing, since accidental contact is not covered by the statute.