Restraining Orders

In a stalking no contact order, the judge can order that the abuser not:

• stalk (or threaten to stalk) you;
• contact you or a protected third party named in your order;
• come within a specified distance of you, your home, school, daycare, work, or another place to which you often go;
• come within a certain distance of the abuser’s own residence, school, or work; however, a judge can only keep the abuser away from these places if the abuser has “actual notice” of the court case and is given the chance to appear in court; and
• buy or possess firearms or a Firearm Owners Identification Card.¹

The judge can also order any other provision that the judge believes would help protect you or another protected party.¹

If you and the abuser attend the same public or private elementary, middle, or high school, the judge can order the abuser to not attend that school and that s/he accept a change of placement or program as determined by the school administration. Another option is that the judge can allow the abuser to continue to attend the same school but can place restrictions on the abuser’s movements within the school. When deciding whether or not to do either of these options, 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;
• the availability of a transfer of the abuser to another school; and
• the expense, difficulty and educational disruption that would be caused by transferring the abuser to another school – evidence of this would be presented by the abuser.²

Note: 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.²

¹ 740 ILCS 21/80(b)
² 740 ILCS 21/80(b-5)