Know the Laws: Wyoming
UPDATED August 7, 2007
A Domestic Violence Order of Protection is a civil order that provides protection from harm by a member of your household.
- Basic Information
- Can I get an Order of Protection?
- What are the steps for getting an Order of Protection?
- After the Hearing
Basic Information
back to topWhat is a domestic violence order of protection?
An domestic violence order of protection is a paper that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers legal protection from domestic violence to both women and men victims.
There are 2 types of orders of protection in WY:
If a judge believes you are in immediate danger, s/he can issue an ex parte temporary order of protection. "Ex parte" means that the judge will make this decision based only on the information you provide and without any input from the abuser. This temporary order will last only until your full court hearing when the abuser has an opportunity to tell his side, usually within 72 hours.
A final domestic violence order of protection lasts up to 3 months and may be renewed. To get a final order, you will have a hearing in front of a judge. Both you and your abuser will have an opportunity to tell your sides of the story at this hearing.*
* Wyoming Code 35-21-103
back to topWhat is the legal definition of domestic abuse in Wyoming?
This section defines domestic violence for the purposes of getting an order of protection.
Under WY state law, "domestic abuse" is when a member of your household does any of the following things to you:
- physically abuses you;
- threatens to physical abuse you;
- physically hurts you;
- tries to physically hurt you;
- does things that unreasonably restrain your personal liberty (like locking you in a closet or forcibly holding you down);
- makes you reasonably afraid that s/he is going to physically hurt you in the near future; or
- makes you have sex or engage in sexual activity by forcing you or threatening you into it.
If you are being stalked, you may qualify for an order of protection against stalking.*
* Wyoming Code 35-21-102
back to topHow can a domestic violence order of protection help me?
While an order of protection can't guarantee your safety, it can help make you safer by:
- ordering the abuser not to abuse you;
- ordering the abuser to move out, if you live together;
- ordering the abuser not to contact you;
- ordering the abuser to stay away from where you live, work, and go to school;
- making decisions about temporary custody of or visitation with your minor child or children;
- ordering the abuser to pay child support and temporary support for you;
- ordering the abuser not to abduct, remove or conceal any child in your custody;
- granting you temporary possession of your shared residence;
- ordering the abuser to provide you with temporary suitable alternative housing, if you don't have use of the house;
- ordering the abuser not to sell your possessions or any shared possessions;
- requiring the abuser to attend counseling for the term of the order of protection and any extention the judge decides necessary (up to 1 year);
- ordering the abuser to pay for any medical costs due to the abuse (you also have the right to sue for other losses suffered as a result of the abuse, including moving expenses or loss of earnings that can be done without an attorney in small claims court);
- ordering any other relief that you need to stay safe from the abuser.
Whether a judge orders any or all of the above depends on the facts of your case.*
* Wyoming Code 35-21-105
back to topIn which county can I file for a domestic violence order of protection?
You can file a petition in the circuit court in the county where you live. If there is no circuit court in your county, you can file the petition in the district court.*
* Wyoming Code § 35-21-102(a)(ii); § 35-21-103(a)