Resource for a Recourse: Online Resource Center for Survivors of Abuse

WYOMING : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

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.

Adults can ask the court for a domestic violence Order of Protection when you or your minor child has been abused by:

your husband or wife,
your ex-husband or ex-wife,
someone you live or have lived with (as if you were married),
the parent of your child,
your parent,
your adult children,
other adults that you live with,
someone who you are dating, or
someone you dated in the past

"Adult" for purposes of a domestic violence order of protection is a person 16 years of age or older, or legally married. If you are under 16 years old and need an Order of Protection against someone you have dated, your parent can file on your behalf. Many courts in Wyoming will not give you a domestic violence Order of Protection for your child, if your child was the only person abused. In these cases, a judge may refer the matter to the Department of Family Services. You are eligible to file for a domestic violence Order of Protection against a same-sex partner.

Types of protective orders:

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 your abuser. This temporary order will last only until your full court hearing when your abuser has an opportunity to tell his side, usually within 72 hours.

A final domestic violence Order of Protection

This 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.

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Benefits:

While an Order of Protection can't guarantee your safety, it can help make you safer by:

ordering your abuser not to abuse you
ordering your abuser to move out, if you live together
ordering your 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 your abuser to pay child support and temporary support for you
ordering your 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 up to 90 days
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 your abuser

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Costs:

There is no fee for filing for an Order of Protection in Wyoming and you do not need an attorney.

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Violations:

Call the police immediately, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order. The police can arrest someone for being in violation of an Order of Protection, and a judge can punish someone for being in contempt of court.

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