Illinois Compiled Statutes

740 ILCS 21/105 (2026)

Duration and extension of orders

✓ current as of May 2026
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(740 ILCS 21/105)
    Sec. 105. Duration and extension of orders.
    (a) Unless re-opened or extended or voided by entry of an order of greater duration, an emergency order shall be effective for not less than 14 nor more than 21 days.
    (b) Except as otherwise provided in this Section, a plenary stalking no contact order shall be effective for a fixed period of time, not to exceed 2 years. A stalking no contact order entered in conjunction with a criminal prosecution or delinquency petition shall remain in effect as provided in Section 112A-20 of the Code of Criminal Procedure of 1963.
    (c) Any emergency or plenary order may be extended one or more times, as required, provided that the requirements of Section 95 or 100, as appropriate, are satisfied. If the motion for extension is uncontested and the petitioner seeks no modification of the order, the order may be extended on the basis of the petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. Extensions may be granted only in open court and not under the provisions of subsection (c) of Section 95, which applies only when the court is unavailable at the close of business or on a court holiday.
    (d) Any stalking no contact order which would expire on a court holiday shall instead expire at the close of the next court business day.
    (e) The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a stalking no contact order undermines the purposes of this Act. This Section shall not be construed as encouraging that practice.
(Source: P.A. 100-199, eff. 1-1-18.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2015–2026 · leading case: People ex rel. Webb v. Wortham, 2018 IL App (2d) 170445 (Ill. App. Ct. 2018).
People ex rel. Webb v. Wortham, 2018 IL App (2d) 170445 (Ill. App. Ct. 2018). “The order unambiguously told Webb that it expired on December 1, 2013.”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
People ex rel. Webb v. Wortham, 2018 IL App (2d) 170445 (Ill. App. Ct. 2019). “” 740 ILCS 21/105(b) (West 2012). ¶ 30 Although a plenary order may be extended one or more times (id.”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
Howell v. Anderson, 2026 IL App (5th) 250588-U (Ill. App. Ct. 2026). “(West 2024)), as incorporated by section 30(a) of the Act (740 ILCS 21/30(a) (West 2024)), was 3 violated by the circuit court’s denial of Anthony’s motion to dismiss because Christy’s petition failed to allege a sufficient factual basis under section 105(c) of the Act (740 ILCS…”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
— 740 ILCS 21/105(b) — 2 cases
People ex rel. Webb v. Wortham, 2018 IL App (2d) 170445 (Ill. App. Ct. 2018). “The order unambiguously told Webb that it expired on December 1, 2013.”
People ex rel. Webb v. Wortham, 2018 IL App (2d) 170445 (Ill. App. Ct. 2019). “” 740 ILCS 21/105(b) (West 2012). ¶ 30 Although a plenary order may be extended one or more times (id.”
— 740 ILCS 21/105(c) — 4 cases
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
Howell v. Anderson, 2026 IL App (5th) 250588-U (Ill. App. Ct. 2026). “(West 2024)), as incorporated by section 30(a) of the Act (740 ILCS 21/30(a) (West 2024)), was 3 violated by the circuit court’s denial of Anthony’s motion to dismiss because Christy’s petition failed to allege a sufficient factual basis under section 105(c) of the Act (740 ILCS…”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “See 740 ILCS 21/105(c) (West 2012) (noting plenary orders may be extended).”
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