The following article will break down the differences between the restraining orders available to sexual assault and stalking victims in Illinois. While both mechanisms are referred to as “no contact orders,” there are slight differences between sexual assault and stalking victims.
At this juncture, it is important to note that victims of domestic violence must pursue a different avenue for relief in Illinois. For an in-depth explanation of the orders of protection available to domestic violence victims, please reference this recent Prior Law Firm blog post — What is the Illinois Approach to Orders of Protection?.
Sexual Assault Civil No Contact Orders
A sexual assault civil no contact order is a legal mechanism designed to protect the victims of nonconsensual sexual acts. This type of restraining order is also available to the victim’s family members and crisis center workers.
Remedies
In granting a sexual assault civil no contact order the court can:
- Instruct the perpetrator to refrain from contacting the victim;
- Prohibit the perpetrator from going to certain places;
- Stipulate instructions for the well-being of pets and property;
- Require the perpetrator to change schools, if the victim attends the same school; and
- Provide other orders and instructions necessary to protect the victim.
Penalties
The penalties for violating a sexual assault civil no contact order change based on the number of offenses. The first offense is Class A misdemeanor, punishable by 364 days in jail, $2,500 in fines and 24 months of probation. A second or subsequent offense is a Class 4 felony, punishable by 36 months in jail, $25,000 in fines and 30 months of probation.
Stalking No Contact Orders
A stalking no contact order is a legal mechanism designed to protect the victims of unwanted and invasive conduct. This type of restraining order is available to any person who reasonably fears for their safety or suffered emotional distress. To proceed with this type of order, the victim must demonstrate a lack of relief from orders of protection or civil no contact orders.
Remedies
In granting a stalking no contact order the court can:
- Prevent the perpetrator from additional stalking or threats;
- Instruct the perpetrator to refrain from contacting the victim;
- Prohibit the perpetrator from going to certain places;
- Restrict the perpetrator’s ability to own firearms; and
- Provide other orders and instructions necessary to protect the victim.
Penalties
The penalties for violating a stalking no contact order change based on the number of offenses. The first offense is Class A misdemeanor, punishable by 364 days in jail, $2,500 in fines and 24 months of probation. A second or subsequent offense is a Class 4 felony, punishable by 36 months in jail, $25,000 in fines and 30 months of probation.
Do You Need Legal Help?
No matter what the criminal offense, all criminal charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.
(image courtesy of Scott Webb)