Civil no contact orders are legal mechanisms under Illinois law designed to protect victims of sex crimes. These orders are available to victims of rape, sexual assault, or sexual abuse and their family or household members. Civil no contact orders are similar to an Illinois petition for order of protection in domestic violence cases. But civil no contact orders are available to all victims of sex crimes, regardless of their relationship to the abuser or perpetrator. While a stalking no contact order in Illinois was created for victims with no relationship to the abuser.
Overall, these orders allow the Illinois courts to step in and grant remedies to safeguard victims of sex crimes. For example, civil no contact orders can require an abuser to refrain from contacting the victim (directly or indirectly), visiting the victim at home, work, or school, or committing other actions that could harm the victim.
What Constitutes a Violation of a Civil No Contact Order in IL?
720 ILCS 5/12-3.8 explains what constitutes as a violation of a civil no contact order, which can originate from either civil or criminal proceedings. Under this section, a person violates a civil no contact order if they:
- Received notice of a civil no contact order against them that established certain requirements; and
- Knowingly disregards the requirements of the civil no contact order by acting or failing to act.
In this context, the notice requirement is particularly important. In order to prove that someone violated a civil no contact order, it is necessary to prove that they received proper notice of the order in question. Stated otherwise, these orders must be served in accordance with the Civil No Contact Order Act, the Code of Criminal Procedure, or any substantially similar law.
If a civil no contact order is not served properly, the person who allegedly violated Section 12/-3.8 likely has an affirmative defense. Without being aware of or knowing the requirements of a civil no contact order, it is not possible to knowingly violate the order in question.
On a related note, prosecution for a violation of a civil no contact order occurs separately from any other legal violations. If the alleged offender commits another crime while violating a civil no contact order, they will likely face charges for both offenses.
What is the Penalty for Violating a Civil No Contact Order in IL?
Section 12-3.8 also provides the Illinois penalty for violation of a civil no contact order.
- A first violation of this section is chargeable as a Class A misdemeanor.
Upon conviction for this class of misdemeanor, an offender can face a maximum of 364 days in jail and $2,500 in criminal fines. Probation or court supervision for up to 24 months is also a possibility.
- Any person who violates a civil no contact order for a second or subsequent time will face Class 4 felony charges.
Upon conviction for this class of felony, an offender can face one to three years in prison and up to $2,500 in criminal fines. Probation of up to 30 months is also possible for this type of felony.