|
Table of Contents
Domestic Violence Orders of Protection
Orders of Protection Against Stalking
(back to
top)
A brief overview of the legal system in
Wyoming.
The Wyoming legal system is
divided into two areas: civil law
and criminal law. Different
courts handle these different areas of law
One of the most confusing
things about the legal system is the difference
between civil cases and criminal cases. In
domestic violence situations, there may be both
civil and criminal cases going on at the same
time as a result of the same violent act. The
major differences have to do with who takes the
case to court and the reason for the case.
- Under civil law, one
person sues another for a private wrong. In
a civil domestic violence action, you are
asking the court to resolve the conflict
between you and your abuser. You are not
asking the court to punish that person for
committing a crime. The Orders of
Protection we talk about on this
page are under the civil law system.
- The criminal law system
handles all cases that involve violations of
criminal law such as harassment, assault,
murder, and theft. A criminal complaint
involves an attorney who works for the state
(district attorney or prosecutor) charging
your abuser with a crime.
You may want to pursue both
civil and criminal action. However, once you
file a criminal complaint, only the prosecutor
can decide to drop it.
(back to
top)
What 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 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
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.
1
(Back to
top)
What is the legal definition of domestic abuse
in Wyoming?
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.
To read the exact wording of the law, visit our
Legal Statutes page.
If you are being stalked, you may qualify for an
Order of Protection Against Stalking.
What is an Order of Protection
Against Stalking?
2
(back to
top)
Who can get a domestic violence Order of
Protection?
Adults can ask the court for a domestic violence
Order of Protection when you or your minor child
have 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 an domestic
violence Order of Protection against a same-sex
partner.
If you do not qualify for a domestic violence
Order of Protection, you may qualify for an
Order of Protection Against Stalking.
What is an Order of Protection
Against Stalking?
3
(back to
top)
How 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 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
Whether a judge orders any or all of the above
depends on the facts of your case.
4
(Back to
top)
How much does it cost? Do I need an attorney?
There is no fee for filing for an Order of
Protection in Wyoming and you do not need an
attorney.
However, you may want to hire an attorney,
especially if your abuser has one. The court may
also appoint you an attorney, but this is not
yet happening regularly in WY.
If you cannot find a lawyer, you may wish to
have someone from a domestic violence agency in
your area go with you. You can find information
for help in your area on our
WY Links & Resources page.
If you have an attorney, the judge may order the
abuser to pay reasonable attorney's fees --
whether the attorney is court appointed or hired
by you.
(Back to
top)
What are the steps for obtaining a domestic
violence Order of Protection?
Step 1 – Go to the
courthouse
You can file for an Order of Protection at your
circuit court clerk’s office. If there is no
circuit court clerk office in your area, you may
go to the district court clerk’s office. Go to
the
WY Courthouse Locations & Info page to find
a court in your area.
It is sometimes helpful to
bring the following information about your
abuser with you, if you have it:
- a photo
- addresses of where he lives and where he
works
- phone numbers
- a description what his car looks like
- his car's license plate number
Bring some form of ID for
yourself, if you have it.
6
Step 2 – Get the forms
Wyoming has a packet of information and
forms. You will find them at the courthouse.
You can also check for forms online at our
Download Court Forms page. You may need
these forms:
-
Petition for an Order of Protection
-
Temporary Order of Protection
Step 3 – Fill out the forms
On the petition, you will be called the
“petitioner” and the abuser will be called the
“respondent.”
Carefully fill out the petition. Be specific.
Write briefly about the most recent incident of
violence, using descriptive language (slapping,
hitting, grabbing, threatening, etc.) that fits
your situation. Include details and dates, if
possible.
Before you sign the forms, check with the court
clerk so you can sign it in front of a notary.
Once you're finished, give the forms to the
clerk.
You shouldn't be asked to pay anything.
Step 4 – Hearing for a Temporary
Order
After you finish filling out your petition, the
court clerk will bring it to a judge. The judge
will look it over. He or she may also want to
ask you some questions. If the judge thinks you
are in immediate danger, s/he can give you a
Temporary Order of Protection. The Temporary
Order is supposed to protect you until you can
have a final hearing.
Whether a judge grants you a Temporary Order or
not, you will usually be given a court date for
a final hearing within 72 hours of filing your
petition. If a final hearing cannot be
scheduled within 72 hours, it will be scheduled
as soon as possible afterwards. The court will
give you a piece of paperwork marked "Notice of
Hearing". The Notice of Hearing will have the
time and date of your final hearing written on
it.
Step 5 – Service of Process
Your abuser
must be
served, or given papers that tell him about
the hearing date and your temporary restraining
order (if the judge gave you one).
The clerk of court can give you information on
how your abuser will be served.
If the respondent (your abuser) is not served
before your hearing, ask the judge to reschedule
the hearing. Be sure to also ask the judge to
extend your Temporary Order, if you have one.
Step 6 – Hearing for a final
Order of Protection
Before you can get a final Order of
Protection, you will need to have a hearing in
front of a judge. Your abuser will also have the
chance to be there.
You must go to the hearing. If
you do not go to the hearing, your Temporary
Order will expire and you will have to start the
process over.
If the abuser does not show up for the hearing,
the judge may still grant you an Order of
Protection, or reschedule the hearing. If the
hearing is rescheduled, be sure to ask the judge
to have your Temporary Order extended until that
date.
If you show up to court and
your abuser has a lawyer and you do not, you may
ask the judge for a
continuance to set a later court date so you
can have time to find a lawyer for yourself.
Step 7 - Getting your Order into
the Registry
After your hearing, if you receive an
Order of Protection, the clerk will send it to
the Sheriff to be put into the statewide
registry. However, it may be a good idea to
check with the clerk to make sure they do it.
(Back to
top)
What will I have to prove at the domestic
violence Order for Protection hearing?
To get a domestic violence Order for Protection,
you must:
-
Prove that the respondent has committed acts
of domestic violence (as defined by the law)
against you; and
-
Convince a judge that you need protection
and the specific things you asked for in
your petition.
For information on what counts as domestic
violence in an Order of Protection hearing, see
What is the legal definition of
domestic abuse in Wyoming?
7
(back to
top)
What should I do before the hearing to
prepare my case?
Contact witnesses who saw the abuse or
your injuries.
Anyone can be a witness, including:
- a friend
- a family member
- an emergency room nurse
- a doctor
- a stranger who saw or heard the abuse
take place
- a law enforcement officer
Some witnesses may not be able
to come to court unless they are given a
subpoena that commands them to appear and
testify. Ask the court clerk about the subpoena
process. Let the judge know if the people you
subpoenaed do not come to the hearing.
If your children witnessed the
abuse, you may want to tell the judge that they
were present. However, you may not want the
children testify in court to avoid putting them
in the uncomfortable position of possibly
testifying against their other parent.
Get evidence to help
you prove your case.
Evidence can include:
- your testimony or a witness' testimony
- medical reports
- police reports
- pictures of your injuries, your kids'
injuries, or your pets' injuries
- household objects torn or broken by your
abuser
- pictures of your household in disarray
after an episode of domestic violence
- weapons used
- tapes or records of calls you may have
made to 911
- certified copies of the abuser's
criminal record
- anything else to help you convince the
judge you have suffered acts of domestic
violence and need relief and protection
The more evidence you have,
the greater your chances of being granted a
protection order. However, the judge will listen
to your story even if you have no physical
evidence or witnesses.
Practice telling your
story. You may want to make an outline
or notes of the history of violence between you
and the respondent (your abuser). You may take
notes to court with you to look at if you forget
something, but if you read straight off of them,
the judge may order that your abuser be allowed
to see them.
Practice telling your story.
Tell your story in your own words, but leave out
details that have nothing to do with the
violence or threats of violence. Also, rather
than saying, "he or she hit me," tell the judge
how you were hit, where on your body you were
hit, and how many times. Be specific.
You may want to mention:
- The last two incidents of
violence
- The worst two incidents
of violence
- Whether your abuser has a
gun or other weapons
- Whether your abuser has
threatened to physically hurt or kill you.
(Back to
top)
What should I do on the day of the hearing?
- While the hearing
may not take very long, you should be
prepared to be at the court for several
hours. There may be hearings before yours.
You should make child care arrangements if
possible.
- Dress neatly.
- Be on time.
- Have your witnesses
there and ready. If you have subpoenaed
witnesses and they do not come, tell the
judge.
- Speak directly to
the judge; he or she will understand if you
feel nervous.
- Always address the
judge as "Your Honor."
- If your abuser does
not come to the hearing, the judge may
continue with the hearing or s/he may
reschedule the hearing for a later date.
- If the judge
reschedules the hearing, make sure to
ask the clerk if you need to reissue or
extend your Temporary Order (if you have
one) .
- Once your case is
called, enter the courtroom and find a seat.
If the abuser sits next to you, it is your
right to take another seat and to receive
help from court staff in keeping the abuser
away from you.
- Stand when the
judge enters and sit when the judge or
bailiff asks you to.
- Relax and remain
calm. Take deep breaths if you feel yourself
getting tense. Never lose your temper in the
courtroom.
- Always tell the
truth.
- If you don't
understand a question, just say so.
- If you don't know
the answer to a question, just say so. Never
make up an answer.
- Tell the judge if
you want custody of your children, if you
own joint property with the abuser
(including your home), and what you will
need to financially support yourself and
your children.
-
If your abuser comes to court with a lawyer
and you are not represented by a lawyer, you
may ask the judge for a “continuance” so you
can look for a lawyer and have the hearing
at a later date. You will find contact
information for legal assistance on the
WY Links & Resources page.
(Back to
top)
What is the order of events in the courtroom?
-
At the hearing, everyone who will testify
will swear or affirm to tell the truth.
-
Since you are the petitioner, you will tell
your side of the story first.
-
The judge and the respondent (your abuser)
may ask you questions. If you are scared to
answer any of them, tell the judge.
-
When you are finished, your witnesses may
speak. You may ask them questions, and then
the judge and the respondent will have a
turn to ask them questions.
-
The respondent will tell his side. It may
be very different from yours. The judge
will ask questions, and you may also.
-
The judge will make a decision after hearing
both sides and considering the evidence.
If the judge decides in your favor:
-
The judge will sign your Order for
Protection.
-
The judge can make the Order for Protection
stay effective for as long as three months.
(Before the three months is over, you may
apply to the court to have your Order
extended. See How do I extend
my Order?)
-
You will be given a copy of the Order.
-
Copies will be sent by the court clerk to
all law enforcement agencies with
jurisdiction or reason to enforce the Order
for Protection.
(Back to
top)
What should I do when I leave the Courthouse?
- Make several copies
of the protective order as soon as you can.
- Keep a copy of the order
with you at all times.
- Let your employer,
domestic violence advocate, minister,
clergy, family members, and/or your closest
friends know that you have a protective
order in effect.
- Leave copies of the order
at your work place, at your home, at the
children's school or daycare, in your car,
with a sympathetic neighbor, and so on.
- Give a copy to the
security guard or person at the front desk
where you live and/or work.
- Give a copy of the order
to anyone who is named in and protected by
the order.
- If the court has not
given you an extra copy for your local law
enforcement agency, take one of your extra
copies and deliver it to them.
- One week after court,
call your local law enforcement offices
to make sure they have received copies
of the order.
- Take steps to
safety plan, including changing
your locks and your phone number.
Ongoing safety
planning is important after receiving
the order. Many batterers obey protective
orders, but some do not. It is important to
build on the things you have already been doing
to keep yourself safe. We have some suggestions
on our
Safety Planning page. Advocates at local
domestic violence centers can also help you
design a safety plan and can provide other forms
of support.
(Back
to top)
I did not
get an Order of Protection. What can I do?
If you are not granted an
Order of Protection, there are still some things
you can do to stay safe. It might be a good idea
to contact one of the domestic violence resource
centers in your area to get help, support, and
advice on how to stay safe. They can help you
come up with a safety plan and help connect you
with the resources you need. You will find a
list of AR resources on our
WY Links and Resources page. You will also
find information on safety planning on our
Safety Planning page.
You may also be able to
reapply for an Order of Protection if you have
new evidence to show the court that domestic
abuse did occur, or if a new incident of
domestic abuse happens after you are denied the
Order.
(Back to
top)
What if the abuser violates the order?
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.
8
(Back to
top)
How do I change, cancel or extend my Order?
To change or cancel your Order, either you or
your abuser can return to the court that gave
the original Order and ask a judge to change or
cancel it. You or your abuser will have to
explain to a judge why the Order should or
should not be changed or canceled. If your
abuser asks to have the Order changed or
canceled, there will be a hearing. You should go
the hearing and explain why a judge should not
change or cancel it.
Your Order may be extended for up to 1 year,
over and over again. If you would like to extend
your Order, you will need to return to the Court
Clerk’s office (the same one that you went to
when you got your original Order). You will need
to file for an extension before
your order expires. You will have to prove your
need for further protection.
Throughout WY, judges handle extensions
differently. Legally, you only need a "good
cause" to extend the order, but it is up to the
judge what s/he thinks is a "good cause."
9
(back to
top)
What if I move and change my address?
Your Order will be honored throughout Wyoming,
regardless of your address in Wyoming.
Additionally, the federal law provides what is
called "Full Faith and Credit," which means that
once you have a criminal or civil protection
order, it follows you wherever you go, including
U.S. Territories and tribal lands. Different
states have different rules for enforcing
out-of-state protection orders. You can find
out about your state’s policies by contacting a
domestic violence program, the clerk of courts,
or the prosecutor in your area.
If you are moving out of state, you should call
the battered women’s program in the state where
you are going to find out how that state
treats out-of-state orders.
If you are moving to a new state, you may also
call the National Center on Full Faith and
Credit (1-800-903-0111) for information on
enforcing your order there.
Note: Civil protective orders may not be
enforceable on military bases, and military
protective orders may not be enforceable off
base. Please check with your local police
department, court clerk, and/or domestic
violence advocate for more details. Please see
our
Military Info page for more information.10
What is an Order of Protection
Against Stalking?
An Order of Protection Against
Stalking is a paper that is signed
by a judge and tells your stalker to stop
stalking you or face serious legal
consequences. It offers legal protection
from stalking to both women and men victims.
The steps to getting an Order of Protection
Against Stalking are similar to the steps to
getting a domestic violence Order of
Protection.
See
What are the steps for
obtaining an Order of Protection?
11
What
is the legal definition of stalking in
Wyoming?
Stalking
occurs when someone
repeatedly harasses you. The harassment must
seriously alarm you. It must also be the
type of behavior that would cause a
"reasonable person" to be seriously alarmed.
Some examples of stalking include:
-
repeatedly contacting you and
threatening you
-
following you around without your
consent
-
putting you under surveillance
Stalking must be a pattern of behavior -
someone make you feel alarmed more than
once for it to qualify as stalking.
To read the exact wording of the law, go to
our
Legal Statutes page.
12
(Back to top)
How is an Order of Protection Against
Stalking similar to a domestic violence
Order of Protection? How are they different?
These two types of orders are similar
because:
-
They are both designed to help
protect you.
-
There are no court or filing fees
for either type of Order.
-
You do not need to file criminal
charges to get either type of order.
-
The steps to getting both types of
orders are similar.
-
They both last for 3 months and can
be renewed for 3 month periods.
An Order of Protection Against Stalking is
different from a domestic violence Order of
Protection because:
-
You do not need a special
relationship with your stalker to
get a stalking order. You can get a
stalking order against
anyone who is stalking you.
-
A stalking order can order someone
to stay away from you and not stalk
you anymore, but it won't address
things like child custody or child
support.
-
In some cases, a district attorney
can also ask a judge for a stalking
order for you.
(Back to top)
|
Click Here to Find a Lawyer or Attorney
