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ACTUALIZADA 23 de diciembre, 2016

Orders of Protection Against Stalking or Sexual Assault

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An order of protection against stalking or sexual assault provides protection from someone who has stalked you or committed sexual assault against you.  You can file for this order regardless of whether or not you reported the stalking or sexual assault to the police - there does not have to be an arrest or conviction for you to file for (and receive) an order of protection.

Basic information and definitions

arribaWhat is the legal definition of stalking in Wyoming?

Stalking is when, with the intention to harass you, the stalker engages in a course of conduct (commits acts) that is reasonably likely to harass you.*

"Harass," in this context, means committing repeated actions that are directed at you or your family such as verbal threats, written threats, lewd or obscene statements or images, vandalism, physical contact without your consent, or other actions.  The harassing actions must be such that they would cause a "reasonable person" to suffer substantial emotional distress and they must seriously alarm (frighten) you.**

The "course of conduct" (referred to above) that the stalker must commit includes, but is not limited to, any combination of the following:

  • in a harassing manner, communicating with you (or causing someone else to communicate with you) verbally, electronically, mechanically, by telephone, or in writing - this includes anonymous communications; 
  • following you;
  • placing you under surveillance by waiting outside your home (not including the stalker's own home), school, workplace, vehicle, other place where you are; or
  • committing other repeated acts that harass you.*

* Wyoming Code § 6-2-506(b)
** Wyoming Code § 6-2-506(a)(ii)

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arribaWhat is the legal definition of sexual assault?

For the purposes of getting an order of protection, sexual assault is defined as committing, attempting to commit or conspiring with another person to commit any of the following:

* Wyoming Code § 7-3-506(a)(3)

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arribaWho can file for an order of protection against stalking or sexual assault?

A petition for an order of protection based on stalking can be filed by:

  • a victim of stalking; or
  • the district attorney on behalf of the stalking victim.*  

A petition for an order of protection for a victim of sexual assault can be filed by:

  • a victim of sexual assault;
  • the district attorney on behalf of the sexual assault victim, with the victim's consent; or
  • any person with legal authority to act on behalf of the victim if the victim is:
    • a minor;
    • a vulnerable adult, as defined by law; or
    • any other adult who, because of age, disability, health or inaccessibility, cannot file the petition.*

Note: You can file for this order regardless of whether or not you reported the stalking or sexual assault to the police.  The abuser does not have to be arrested, charged or convicted for you to file for (and receive) an order of protection.**

* Wyoming Code § 7–3–507(a)
** Wyoming Code § 7–3–507(e)

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arribaHow can an order of protection help me?

An ex parte temporary order or a final order can order the abuser to:

  • not commit any further acts of stalking or sexual assault involving you or any other person;
  • stay away from your home, school, business, workplace, or any other location; 
  • not intimidate, threaten, or otherwise interfere with you, your family or household members, or other specific person(s) named in the order; and
  • not contact you, your family or household members, or other specific person(s) named in the order through telephone calls, mail, e-mail, texting, fax, social media, or any other form of communication.*

* Wyoming Code §§ 7-3-509(a); 7–3–508(b)

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