What does a stalking no contact order do in Illinois?
It is an unfortunate reality that certain relationships in Illinois go beyond simple disagreements and become aggressive and violent. Domestic violence is something that can cause significant damage to a family and lead to long-term issues and emotional distress for the victims. If a couple is no longer together, one spouse might be accused of stalking the other. State law has certain steps that a victim can take, including a stalking no contact order. Understanding what is in this order is imperative to provide protection and make certain there are no violations.
Within the stalking no contact order, the respondent will be prohibited from issuing threats against the victim and continuing with the stalking behavior. The respondent will be ordered not to have contact with the petitioner or a third person who was specifically named by the court. The respondent will be prohibited from coming within certain distances of various areas and doing so knowingly. Included in these locations are the home of the petitioner, a school, daycare center, place of work, or any specific place at which the petitioner is known to be on a regular basis.
The court can only order the respondent to stay away from these locations if they have been given an actual notice of the option to appear and be heard on the matter. The respondent is prohibited from having an identification card as a firearms owner and from buying or possessing firearms. There are other orders that the court can make to protect the petitioner and any party who is specifically named. Mitigating factors such as the parties attending the same school are taken into consideration with these orders. The petitioner can receive compensation for attorney fees and other costs, but monetary damages are not recoverable as a remedy in these cases.
For people who are having domestic problems that are making them feel unsafe, there are legal options to put a stop to it. Discussing the matter with an attorney who is experienced with cases involving stalking and helping with a stalking no contact order and removal is the first step toward being protected under the law.
Source: ilga.gov, “Civil Liabilities,” accessed on Feb. 28, 2017