Stalking Order V. Protection Order

Although a judge must approve a petition for either a Stalking, No Contact Order, or an Order of Protection, it is relatively easy for a petitioner to obtain an Emergency Order. A petitioner need only fill out the required emergency petition, alleging that the respondent abused him or her or engaged in stalking behavior. The petition would then be submitted to a judge. The judge will review the petition and either approve or deny the request. If approved, an Emergency Order is issued. All of that is done without you ever going to court, (unless you know about the hearing.)

 

The difference between a Stalking Order and an Order of Protection is this…. Some states have two laws that have to do with stalking. If the two people involved have a domestic relationship, then the “victim” can get a Protection Stalking Order. If the two people are NOT domestically involved, there would only be a Stalking No Contact Order.

 

Illinois Is A Good Example Of That

In Illinois there are two separate ways an individual may petition the Court for injunctive relief to keep another individual to prevent having contact with them. The most common is under the Illinois Domestic Violence Act codified under Statute 750 ILCS 60 and called an “Order of Protection,” however years ago the legislation passed a new law to allow for similar protections for individuals who would not qualify for an Order of Protection because there is not a domestic relationship; this newer statute is named the Stalking No Contact Order Act and codified under Statute 740 ILCS 21 which allows for protection for individuals who have no domestic relationship but one person is endangered by harassing and stalking behavior.

 

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