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Legal Information: Illinois

Restraining Orders

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Updated: 
January 23, 2024

What is a civil no contact order?

Similar to a domestic violence order of protection, a civil no contact order is a court order that can protect you and your family or household members from an abuser if you are the victim of non-consensual sexual conduct or non-consensual sexual penetration. Unlike the domestic violence order of protection, you do not need to have a specific relationship with the abuser to get a civil no contact order.1

1 740 ILCS 22/201

What is the legal definition of non-consensual sexual conduct?

Sexual conduct is when someone:

  • intentionally touches or fondles your sex organs, anus, or breast – either directly or through clothing;
  • intentionally forces you to touch or fondle his/her sex organs, anus, or breast – either directly or through clothing;
  • intentionally touches or fondles any part of the body of a child under 13 years of age; or
  • transfers or transmits semen on any part of your clothed or unclothed body, for the purpose of the his/her sexual gratification or arousal or your sexual gratification or arousal.1

Sexual conduct is “non-consensual” when any of the above acts happen without your voluntary consent/agreement.

1 740 ILCS 22/103

What is the legal definition of non-consensual sexual penetration?

Sexual penetration means any contact, however slight, between the sex organ or anus of one person by an object, or by another person’s sex organ, mouth or anus. Sexual penetration also includes any invasion into a person’s sex organ or anus by any part of the body of another person, by any animal or by any object. Sexual penetration includes, but is not limited to, oral sex and anal penetration.1

Sexual penetration is “non-consensual” when it happens without your voluntary consent/agreement.

Note: It is not necessary for there to be evidence of semen in order to prove sexual penetration.1

1 740 ILCS 22/103

What types of civil no contact orders are there? How long do they last?

There are two types of civil no contact orders, which are described below.

Emergency no contact order: An emergency no contact order can be issued if, after reading your petition and possibly questioning you, the judge believes:

  • you are the victim of non-consensual sexual conduct or non-consensual sexual penetration; and
  • there is “good cause” to grant you immediate protection without notifying the abuser beforehand because the abuser would likely harm you if s/he were notified ahead of time that you were going to come to court to ask for a civil no contact order.1

An emergency order can last for between 14 and 21 days.2  Note: If you need an emergency order when the court is closed, you can request an emergency order from any available circuit judge or associate judge.  There is also supposed to be one judge in each county who is available to issue an emergency order by phone or fax at any time when the courts are closed.3

Plenary no contact order: A plenary no contact order can be issued after the abuser receives notice of the case and both you and the abuser have a chance to appear in court and present your witnesses and evidence.  The judge can issue a plenary no contact order if s/he believes:

  • you are the victim of non-consensual sexual conduct or non-consensual sexual penetration;
  • the abuser was properly served with notice of the case; and
  • the abuser has responded or failed to appear.  Note: If the abuser receives notice of the case but does not appear in court (also known as being “in default”), the judge can issue you an order in the abuser’s absence.4

A plenary no contact order can last up to two years and can be extended more than once.5  See Can I extend my civil no contact order? for more information.

The judge cannot deny you a civil no contact order based on any of the following:

  • you (the petitioner) are a minor;
  • the abuser (the respondent) is a minor;
  • the fact that you do not have physical injury from the abuse;
  • the abuser had a reason to use force, unless his/her use of force was legally justified;
  • the abuser was voluntarily intoxicated;
  • you acted in self-defense or in the defense of another, as long as your use of force was justified, or you did not act in self-defense or another; or
  • whether or not you left the house to avoid further abuse.6

1 740 ILCS 22/214(a)
2 740 ILCS 22/216(a)
3 740 ILCS 22/214(c)
4 740 ILCS 22/215
5 740 ILCS 22/216(b),(c)
6 740 ILCS 22/213(a),(c)

Where can I file for a civil no contact order?

You can file for a civil no contact order in the circuit court in the county where you live, the county where the abuser lives, or the county where the incident(s) occurred.1 The petition can be filed in person or online.2

1 740 ILCS 22/207; see 740 ILCS 22/218 and Illinois Civil No Contact Order petition
2 740 ILCS 22/202(a-1)

What protections can I get in a civil no contact order?

In a civil no contact order, the judge can order that the abuser:

  • stay a certain distance away from you, your residence, school, daycare, or another location;
  • stay away from any property or animal you own, have in your possession or lease and order the abuser not to take,restrict use (encumber), conceal, harm, or dispose of your property or animal;
  • not have any contact with you directly, indirectly, or through another person (a “third party”), including electronic communication via email, instant message, text message, voicemail, etc.; and
  • not do any other actions that the judge believes are necessary for your protection.1

Note: It does not matter if the the third party who contacts you knows about the order or not.2

If you and the abuser attend the same public or private elementary, middle, or high school, the judge must consider the following additional factors:

  • how serious the abuser’s behavior is;
  • any continuing physical danger or emotional distress to you;
  • your and the abuser’s educational rights under federal and state law; and
  • the expense, difficulty and educational disruption that would be caused by transferring the abuser to another school (since the judge can order that the abuser not attend your school.) The abuser will have an opportunity to try to prove that transferring or changing schools or programs is not an available option for him/her. If the abuser is ordered to change schools or transfer programs, the abuser’s parent(s), guardian(s), or legal custodian(s) are responsible for his/her transportation and other costs of changing schools.3

Note: The judge can also order that the parent(s), guardian(s), or legal custodian(s) of a minor who has a civil no contact order issued against him/her take certain actions or not engage in certain actions to make sure that the abuser obeys the order.4

1 740 ILCS 22/213(b-5); 720 ILCS 5/26.5-0.1
2 740 ILCS 22/213(b-5)(2)
3 740 ILCS 22/213(b-6)
4 740 ILCS 22/213(b-7)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.