Legal Information: Illinois

Restraining Orders

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July 23, 2018

What can I do if the abuser violates the order?

Violating a stalking no contact order can be against the law. The abuser may be violating a stalking no contact order if:

  • s/he does anything that your civil no contact order prohibits him/her from doing or if s/he does not do something that is required in the order; and
  • s/he did that action or failed to do that action after being served with the no contact order (or having some other way of having knowledge of what the order says).1

If the abuser tells someone else (a third party) to violate the order, the abuser may be guilty of violating the order.2

If the abuser violates the stalking no contact order, you can call 911 immediately. The abuser could be arrested and prosecuted for violating a stalking no contact order. If the abuser did not have notice of the of the case and an opportunity to appear in court for the hearing, then s/he may be able to use that in court as an excuse (defense) for why s/he violated the order.3

The first violation of a stalking no contact order can be a Class A misdemeanor and a second or subsequent violation can be a Class 4 felony.4 The penalty for a Class A misdemeanor is incarceration up to a year and a fine of up to $2,500.5 The penalty for a Cass 4 felony is incarceration for no less than a year but no more than 3 years and a fine to be decided by the judge.6

1 720 ILCS 5/12-3.9(a)
2 720 ILCS 5/12-3.9(d)
3 720 ILCS 5/12-3.9(a-5)
4 720 ILCS 5/12-3.9(e)
5 730 ILCS 5/5-4.5-55
6 730 ILCS 5/5-4.5-45