Stalking in Illinois is a serious issue, and the courts offer various protections depending on your relationship between the Petitioner (the person seeking the Order) and the Respondent (the stalker). This blog explores the legal options available, focusing on Stalking No-Contact Orders (SNCOs), which provide legal protection against stalkers. Read on to find out the steps to take to obtain an SNCO and understand the different types of protection. Illinois Order of Protection An Order of Protection under the Illinois Domestic Violence Act is only for people who have been abused by a family or household member. According to Illinois law (750 ILCS 60/103 (6)), "family or household members" include:
So, what if the person stalking or harassing you isn’t your family or household member as defined above? What if the person stalking you is a former coworker or a friend of a friend? A Stalking No-Contact Order may provide you with some relief. People used to call this a “restraining order.” A Stalking No Contact Order (SNCO) is exactly what the law prescribes when a Petitioner cannot get relief under the Illinois Domestic Violence Act. What Is Stalking in Illinois Law? Stalking in Illinois law involves a course of conduct directed at a specific person, where the stalker knows or should know that the conduct would cause a reasonable person to fear for their safety or experience emotional distress. Key Elements of Stalking
Stalking does NOT include the exercise of the right of free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful. 740 ILCS 21/10. Now that we've defined stalking, let's explore the legal protections available. How Can a Stalking No-Contact Order (SNCO) Protect Me? A SNCO can order one or more of the following:
Of course, it’s important to remember that an Order cannot physically prohibit a Respondent from continuing to stalk the Petitioner. But, it does make continued contact or violations illegal, where they otherwise wouldn’t be. This means that a victim can call the police to report a violation of the SNCO. An initial knowing violation of a SNCO is a Class A misdemeanor. Any second or subsequent knowing violation is a Class 4 felony. 740 ILCS 21/125. What Are the Types of SNCOs? The types of Orders differ in how they are granted and how long they are in place.
Related Article: Domestic Violence and its Impact on the Divorce Process How Do I Get a SNCO? The first step is to file a petition. A petition should include the victim’s allegations and claims for a SNCO is needed. You can file a petition for an Emergency Order if there is a time-pressing issue or threat. You can also file a petition for a Plenary Order if there is no emergent threat and you would like to go directly to scheduling a hearing where you and the Respondent can both present evidence. Typically, an advocate at the courthouse can help you fill out a petition. This may be the best option if you need an Emergency Order. A family law attorney can help you file a petition as well, and can ensure everything is included for the best possible outcome in a hearing. What Happens in a SNCO Hearing? In a hearing, both sides get to present their evidence and provide testimony for their side of the story. A judge considers everything presented and offers a ruling the same day. While some judges have the option to hold a hearing via Zoom, most choose to have this hearing in person, as it can be easier for them to determine a person’s credibility face-to-face rather than via video call. It is best to discuss what type of evidence you want to present with a lawyer, as it can change on a case-by-case basis. In general, photographs, screenshots, call logs, letters, and other proof of the Respondent’s repeated stalking conduct are the best kind of evidence to support the stalking claims. Testimony is a type of evidence, too. After being sworn in, your testimony should provide the judge with a clear and consistent story of why you need to have the SNCO in place. What If a SNCO Was Served on Me? If you are the Respondent in a SNCO matter, you can seek the help of an attorney to represent you in the case. False accusations of stalking are unfortunate, as many people who are actual victims need Orders, and people seeking them without needing them hurt other people’s cases. However, as the accused, you need to take precautions. The most important thing you can do is contact an attorney. At Anderson Boback & Marshall, we help defend you against the false accusations made about you in court and we can facilitate a discharge of the accusation. If you're experiencing stalking, or you are falsely accused of stacking, contact Anderson Boback & Marshall to discuss your options and get the legal protection you need. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/illinois-stalking-laws-protection-snco/
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