A Stalking No Contact Order (SNCO), issued by a judge, stops one person from "stalking" another.

But when can you ask a judge for an SNCO?

Stalking is when one person (the "stalker" or "respondent") repeatedly contacts, communicates with, or follows another person (the "victim" or "petitioner"). It must be done in such a way that the victim could reasonably be expected to suffer:

• Emotional distress, 
• Fear for their safety, or 
• Fear for the safety of someone else.

Let's try to understand this a bit better, and decide whether this type of court relief is right for your circumstances. Assume that you are the one possibly being stalked.

What is stalking?

Let's begin with activities that might be part of a pattern of stalking.  These are merely examples and, by themselves, are not necessarily stalking.  Still, they come from the law itself, and are a starting point.  

Someone may be stalking you when they:

• Follow you,
• Conduct surveillance on you,
• Appear uninvited at your home, work, or school,
• Makes unwanted phone calls or sends unwanted emails or texts,
• Leave objects for you,
• Vandalizes your property,
• Hurt your pet, or
• Threaten you. 

Some of these are by themselves harmful. But merely sending you a single, threatening text message, or leaving a basket of goodies at your door is not stalking. There must be a pattern of more than one incident of stalking to qualify for an order. 

When is the "line" crossed, and annoying or unusual behavior becomes stalking?  

First, that person has to do at least two unwanted things that cause you concern.  Sending you an alarming text message and also showing up, uninvited, to your apartment or your job, may be stalking. 

Second, as a result of that behavior, you have to either suffer emotional distress or reasonably fear for your safety or someone else's.

So, given all you know of that person, how you know him or her, and any other facts, if you see a pattern in the person's actions that could either cause you to become emotionally upset or to fear for your safety or someone else's safety, then he or she may be stalking and the behavior may be grounds for a court order.

Some things to keep in mind:

• You don't need to suffer actual emotional distress.  You need only have good reason to think the stalker may be harmful to you or to others.
• The stalker does not need to be an adult. 
• Cyberstalking can be considered stalking.
• The stalker need not be a resident of Illinois; he or she may live somewhere else, as long as the conduct happens here.  For example, they may send you emails or texts from outside Illinois but, on occasion, visit you here and give you reason to believe they could be harmful.
• You are not able to obtain money damages against the stalker merely in an SNCO.  However, you may ask the judge to require the stalker to pay your attorney fees and costs.

What does an SNCO do?

The SNCO may provide any number of benefits for you.  You will have the opportunity to ask the judge to stop the stalker from:

• Following or monitoring you,
• Threatening you,
• Talking or writing to you (by cellphone, computer, mail, phone, text, email, instant message, or social media),
• Interfering with or damaging your property,
• Coming near you in public or on private property, and
• Showing up at your work, home, school, or daycare facility.

If the stalker has a Firearm Owner's Identification (FOID) card, you may ask the court to confiscate the FOID card, and also stop the stalker from possessing or buying firearms.

Still, your situation may require something more.  You need to ask for that in your petition and let the court decide whether it is appropriate given the circumstances.

Who can ask for an SNCO?

An SNCO can be requested by you as a victim, or on behalf of a child or disabled or elderly adult who is the victim of stalking. The SNCO law does not require that there is a domestic or family relationship like a domestic violence order of protection does. Instead, any person who has experienced stalking may qualify to file a petition for SNCO.

Will the person stalking me find out I'm filing an SNCO?

Not immediately. When a petition for an SNCO is filed, it is not immediately made accessible to the public. It only becomes public after it has been served to the person stalking you. This way, you can file for an SNCO without worrying the person you are filing against will retaliate.

Similarly, when an emergency SNCO is granted, it is not made public until it has been served to the person against whom the SNCO was granted.

Only the following people will know if you have filed for or been granted an SNCO before the respondent is served:

• The court,
• Law enforcement,
• The petitioner,
• The victim advocate,
• The counsel of record for either party, and
• The State's Attorney for the county you filed in.

What other resources are there?

In some cases, some other type of court action may be appropriate.  If you are a victim of rape, sexual assault, or sexual abuse, then you should seek a Sexual Assault Civil No Contact Order.

You can also find agencies that specialize in helping stalking victims by visiting the Illinois Coalition Against Domestic Violence.

You can learn how to protect your digital devices like computers and cell phones with the Technology Safety & Privacy Toolkit from the National Network to End Domestic Violence.