ILCS » Chapter 740 · Act 21
Illinois Compiled Statutes

740 ILCS 21/30 (2026)

Application of rules of civil procedure; victim advocates

✓ current as of May 2026
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(740 ILCS 21/30)
    Sec. 30. Application of rules of civil procedure; victim advocates.
    (a) Any proceeding to obtain, modify, reopen or appeal a stalking no contact order shall be governed by the rules of civil procedure of this State. The standard of proof in such a proceeding is proof by a preponderance of the evidence. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by this Act.
    (b) In circuit courts, victim advocates shall be allowed to accompany the petitioner and confer with the petitioner, unless otherwise directed by the court. Court administrators shall allow victim advocates to assist victims of stalking in the preparation of petitions for stalking no contact orders. Victim advocates are not engaged in the unauthorized practice of law when providing assistance of the types specified in this subsection (b).
(Source: P.A. 96-246, eff. 1-1-10.)

    
Notes of Decisions
Cited in 22 cases (14 in the last 5 years), 2015–2026 · leading case: Coutant v. Durell, 2021 IL App (3d) 210255 (Ill. App. Ct. 2021).
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Coutant v. Durell, 2021 IL App (3d) 210255 (Ill. App. Ct. 2021). ““Emotional distress” is defined under the Act as “significant mental suffering, anxiety or alarm.” Id. ¶ 72 To obtain a plenary stalking no contact order, the petitioner must prove stalking by a preponderance of the evidence.”
Henby v. White, 2016 IL App (5th) 140407 (Ill. App. Ct. 2016). “740 ILCS 21/30(a) (West 2012). ¶ 24 Initially, Henby argues that his third amended petition alleges two separate acts in relation to the incident at Nales Funeral Home.”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “740 ILCS 21/30 (West 2012). ¶ 11 On appeal, Bredemann contends McNally failed to meet her burden because he did not know his conduct would cause McNally to fear for her safety or suffer emotional distress, nor was he aware the contact was unwelcome within the meaning of the Act.”
Henby v. White, 2016 IL App (5th) 140407 (Ill. App. Ct. 2016). “740 ILCS 21/30(a) (West 2012). ¶ 24 Initially, Henby argues that his third amended petition alleges two separate acts in relation to the incident at Nales Funeral Home.”
McNally v. Bredemann, 2015 IL App (1st) 134048 (Ill. App. Ct. 2015). “740 ILCS 21/30 (West 2012). ¶ 11 On appeal, Bredemann contends McNally failed to meet her burden because he did not know his conduct would cause McNally to fear for her safety or suffer emotional distress, nor was he aware the contact was unwelcome within the meaning of the Act.”
Ivancicts v. Griffith, 2017 IL App (4th) 170028 (Ill. App. Ct. 2017). “¶ 21 The Act is silent as to whether the doctrine of unclean hands applies (see 740 ILCS 21/1 (West 2016) ), although we note that section 30(a) of the Act provides that proceedings to obtain, modify, or appeal a stalking no contact order "shall be governed by the rules of civil…”
Ivancicts v. Griffith, 2017 IL App (4th) 170028 (Ill. App. Ct. 2018). “” 740 ILCS 21/30(a) (West 2016). Section 2-613 of the Code provides that defendants may plead as many defenses or counterclaims as they are entitled to under law.”
Howell v. Anderson, 2026 IL App (5th) 250588-U (Ill. App. Ct. 2026). · cites it 3× “He contends the circuit court’s order violated section 30(a) of the Stalking No Contact Order Act (Act) (740 ILCS 21/30(a) (West 2024)). He further argues that section 105(c) of the Act (id.”
Maloney v. Galatte, 2023 IL App (3d) 220435-U (Ill. App. Ct. 2023). · cites it 2× “” 740 ILCS 21/30(a) 4 (West 2022). Thus, unless another provision of the Act provides otherwise, the rules regarding hearsay shall apply to stalking no contact proceedings.”
Luevano v. Hernandez, 2021 IL App (1st) 181540-U (Ill. App. Ct. 2021). “740 ILCS 21/30 (West 2016). The parties agree that the trial court’s ruling denying Luevano’s petition for a stalking no contact order should be affirmed unless it is against the manifest weight of the evidence.”
Pokorny v. DeBolt, 2022 IL App (2d) 210511-U (Ill. App. Ct. 2022). “740 ILCS 21/30(a) (West 2020); McNally v.”
Ahmad v. Qattoum, 2023 IL App (4th) 210729-U (Ill. App. Ct. 2023). “740 ILCS 21/30(a) (West 2020). “Proof by a preponderance of the evidence means that the fact at issue *** is rendered more likely than not.”
Show all 22 citing cases →
— 740 ILCS 21/30(a) — 13 cases
Henby v. White, 2016 IL App (5th) 140407 (Ill. App. Ct. 2016). “740 ILCS 21/30(a) (West 2012). ¶ 24 Initially, Henby argues that his third amended petition alleges two separate acts in relation to the incident at Nales Funeral Home.”
Henby v. White, 2016 IL App (5th) 140407 (Ill. App. Ct. 2016). “740 ILCS 21/30(a) (West 2012). ¶ 24 Initially, Henby argues that his third amended petition alleges two separate acts in relation to the incident at Nales Funeral Home.”
Ivancicts v. Griffith, 2017 IL App (4th) 170028 (Ill. App. Ct. 2017). “¶ 21 The Act is silent as to whether the doctrine of unclean hands applies (see 740 ILCS 21/1 (West 2016) ), although we note that section 30(a) of the Act provides that proceedings to obtain, modify, or appeal a stalking no contact order "shall be governed by the rules of civil…”
Ivancicts v. Griffith, 2017 IL App (4th) 170028 (Ill. App. Ct. 2018). “” 740 ILCS 21/30(a) (West 2016). Section 2-613 of the Code provides that defendants may plead as many defenses or counterclaims as they are entitled to under law.”
Howell v. Anderson, 2026 IL App (5th) 250588-U (Ill. App. Ct. 2026). “He contends the circuit court’s order violated section 30(a) of the Stalking No Contact Order Act (Act) (740 ILCS 21/30(a) (West 2024)). He further argues that section 105(c) of the Act (id.”
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