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Stalking And Divorce In Illinois - Russell D. Knight · BSPE Legal Marketing Podcast

• 0:00
  Stalking And Divorce In Illinois When a marriage ends, most people move forward, but for some, the obsessive contact never stops and crosses into territory the law calls stalking.
• 0:11
  Illinois law draws a sharp and important distinction between stalking orders and the protections available to spouses and former spouses going through divorce.
• 0:19
  Under Illinois statute 740 ILCS 21/10, stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer emotional distress.
• 0:34
  Illinois has a strong Stalking No Contact Order Act, but there is a critical limitation — it only applies to people who are not in, and were never in, a qualifying domestic relationship.
• 0:45
  Because spouses and former spouses are specifically classified as family or household members under Illinois law, a Stalking No Contact Order is not the right legal tool for divorced or divorcing couples.
• 0:56
  Instead, a spouse or former spouse experiencing stalking behavior must file a petition for an Order of Protection under the Illinois Domestic Violence Act, not a stalking no-contact petition.
• 1:07
  The definition of abuse under the Illinois Domestic Relations Act is intentionally broad, and virtually any form of stalking behavior would qualify as harassment under that definition.
• 1:17
  Harassment includes repeatedly following someone in public, keeping a person under surveillance outside their home or workplace, making repeated phone calls, or threatening physical force on even one occasion.
• 1:29
  An Order of Protection can specifically prohibit stalking behaviors, and any violation of that order makes the conduct immediately punishable under Illinois law.
• 1:38
  For those who obtain a Stalking No Contact Order in situations where it does apply, the order lasts up to two years, but Illinois law allows for liberal extensions when circumstances have not materially changed.
• 1:50
  A Chicago divorce lawyer with deep experience in these matters understands that obsessive behavior rarely disappears on a court-ordered deadline, and the law accounts for that reality.
• 2:00
  The Illinois Stalking No Contact Act allows an uncontested extension if the petitioner simply states that there has been no material change in relevant circumstances since the original order was entered.
• 2:11
  Whether you are seeking protection or defending against allegations, having a knowledgeable attorney who understands both domestic violence law and divorce proceedings is essential to protecting your rights.
• 2:21
  The law firm of Law Office of Russell D. Knight has guided Illinois families through stalking allegations, orders of protection, and divorce proceedings since 2006, and their team is ready to help you take the next step.
• 2:35
  Contact the Law Office of Russell D. Knight at 773, 334, 6311, located at 1165 N Clark St #700, Chicago, IL 60610, United States, to schedule your consultation today.