Order of Protection or No-Contact Order in Illinois: What’s the Difference?

When many people talk about restraining orders, they use the terms order of protection and no-contact order interchangeably. While both orders may be able to provide similar protections, they are not the same thing. Understanding whether you are facing an order of protection or a no-contact order in Illinois is important, as it can impact your legal options and the strategy used to defend your case.

Illinois’ Order of Protection Laws

An order of protection is a civil court order designed to protect victims from threats or violence from household or family members. The Illinois Domestic Violence Act outlines this type of restraining order, which can be requested by people such as current or former spouses, parents who share a child, family members, and other household members.

The order of protection laws allow individuals to petition for an order of protection even if no criminal charges have been filed. However, in certain cases, you may face both an order of protection case and criminal charges. An Illinois order of protection attorney can help you defend against a civil protection order, minimizing the negative restrictions on your freedom.

An order of protection can include several different requirements. Depending on the circumstances, a judge may order you to:

• Have no contact with the petitioner.
• Stay away from certain locations, such as the petitioner’s home or workplace.
• Move out of a shared residence.
• Comply with custody or parenting time restrictions.
• Surrender firearms.

What Is a No-Contact Order in Illinois?

A no-contact order is typically issued as part of a criminal case. Unlike an order of protection, a no-contact order can be imposed by a criminal court after a person has been arrested, charged, or is being prosecuted for an alleged offense. The two main types of no-contact orders are:

• Civil No-Contact Orders: These orders are put in place in cases involving non-consensual sexual conduct; 45.1% of women and 16.9% of men have experienced some form of contact sexual violence, which may warrant a civil no-contact order in a criminal case.
• Stalking No-Contact Orders: These orders are put in place in cases involving stalking, both physical stalking and online. Over 28 million women and 11 million men in the United States are victims of some form of stalking.

The purpose of a no-contact order is to protect a victim while a criminal case is pending. Sometimes, a judge enters a no-contact order as a condition of pretrial release.

A no-contact order provides similar protections compared to an order of protection, such as requiring you to avoid contacting the alleged victim or stay away from their home and other frequent locations.

Key Differences Between an Order of Protection and a No-Contact Order

While both orders of protection and no-contact orders may provide similar protections for victims, there are differences, such as:

• Which Court Handles The Case: An order of protection is a civil proceeding handled through the Illinois Circuit Court. A no-contact order is handled through the criminal court. Both are typically handled in the county where the offense occurred or where one party lives. For example, in Madison County, an order of protection case can be handled in the Madison County Courthouse at 155 North Main Street.
• Whether Criminal Charges Are Required: You do not have to be charged with a crime to have an order of protection filed against you. However, you must be facing criminal charges for a no-contact order against you.
• Whether Guilt Has Been Proven: In most order of protection cases, it must be proven that you are guilty of the allegations against you. This is not true for temporary orders, such as emergency orders of protection. However, no-contact orders can be filed regardless of whether you are found guilty or not.
• The Relationship Between The Alleged Offender And The Victim: Under order of protection laws, a household or family member must request an order of protection. In a no-contact order case, it does not matter what the relationship is between you and the alleged victim.

FAQs

Is a No-Contact Order Worse Than an Order of Protection?

Neither a no-contact order nor an order of protection is automatically worse than the other. Both can place significant restrictions on your personal relationships and communication. Orders of protection are more long-term compared to a no-contact order, though a no-contact order may arise in a criminal case that results in more serious criminal penalties. The impact of either order depends on what restrictions are imposed and the circumstances of the case.

How Does a No-Contact Order Get Served?

In many cases, a no-contact order is issued and served during criminal court proceedings, such as after an arrest or during an appearance before a judge. It is typically not formally served to you if you are present when the order is entered. However, you must receive notice of the order and its conditions.

Can You Have Both an Order of Protection and a No-Contact Order?

Yes, it is possible to have an order of protection and a no-contact order against you at the same time. This can happen due to unrelated incidents, or it can occur when criminal charges are filed, and the alleged victim separately files a petition for an order of protection.

How Long Do No-Contact Orders Last in Illinois?

No-contact orders in Illinois can last as long as they are needed, as a judge can extend or modify the orders to remain in effect as long as they are needed. However, without specific actions to re-open, extend, or void, a Plenary Civil no-contact order is effective for up to two years.

Why You Should Hire an Order of Protection Lawyer From The Law Office of Jessica Koester, LLC

Whether you are facing an order of protection, a no-contact order, or both, the consequences on your freedom can be severe. If you hire an order of protection lawyer, they can evaluate the allegations, explain your defense options, gather evidence, and advocate for your rights in court.

The Law Office of Jessica Koester, LLC, has decades of experience defending against high-level criminal cases, such as serious domestic violence charges or sex crimes. Contact us today to schedule a free initial case consultation with our experienced Illinois order of protection attorney.