Protection Order Assistance
A protection order can order an abuser/stalker/assaulter [respondent] to not abuse/harass a victim. It can also be enforced by law enforcement officers anywhere - under the State statute for violation of a protection order. In addition, a protection order may contain other provisions depending on the type of Protection Order sought. Some examples: ordering possession of shared residence, awarding temporary child custody or temporary support to the domestic violence victim, or ordering parties to obtain counseling.
Our advocates can assist victims [petitioner] in applying for one of three main types of protection orders in Wyoming. Teton County Victim Services advocates are trained to assist and educate victims who may desire to file for a protection order. Advocates can explain the process, provide the necessary petitions to file, assist in filling in the petitions, and make referrals to other local resources as necessary.
You do not need an attorney to file for a protection order, however you may hire an attorney to assist you with the process if desired.
Domestic Violence Protection Orders:
“Domestic abuse” means the occurrence of one (1) or more of the following acts by a household member but does not include acts of self defense: (A) Physically abusing, threatening to physically abuse, attempting to cause or causing physical harm or acts which unreasonably restrain the personal liberty of any household member; (B) Placing a household member in reasonable fear of imminent physical harm; or (C) Causing a household member to engage involuntarily in sexual activity by force, threat of force or duress. See the definition section for a qualifying household member.
Definitions for Order of Protection
Domestic Violence Protection Act Wyo. Stat. § 35-21-102
(i) “Adult” means a person who is sixteen (16) years of age or older, or legally married;
(iv) “Household member” includes:
(A) Persons married to each other;
(B) Persons living with each other as married;
(C) Persons formerly married to each other;
(D) Persons formerly living with each other as if married;
(E) Parents and their adult children;
(F) Other adults sharing common living quarters;
(G) Persons who are the parents of a child but who are not living with
each other; and
(H) Persons who are in, or have been in, a dating relationship.
Stalking Protection Orders:
Definitions for Stalking Order of Protection Wyo. Stat. § 7-3-506
(i) “Court” means the Circuit Court * * * in the County where an alleged victim of stalking resides or where the alleged perpetrator of the stalking is found;
(ii) “Order of Protection” means a court order granted for the protection of a victim of stalking;
(iii) “Stalking” means conduct as defined by W.S.§ 6-2-506, which states:
As used in this section:
- “Course of Conduct” means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose;
- “Harass” means to engage in a course of conduct, including but not limited to verbal threats, written threats, vandalism, or non consensual physical contact, directed at a specific person or the family of a specific person, which the defendant [respondent] knew or should have known would cause a reasonable person to suffer substantial emotional distress, and which does in fact seriously alarm the person toward whom it is directed.
- Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person including, but not limited to any combination of the following
1. Communicating, verbally or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses;
2. Following a person other than within the residence of the respondent;
3. Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, ore residence other than the residence of the respondent;
4. Otherwise engaging in a course of conduct that harasses another person.
Sexual Assault Protection Orders:
A sexual assault protection order is a civil order issued by the court on behalf of a sexual assault victim. Any person 18 or older who is a victim of sexual assault – including a single incident – may petition the court to obtain the order. Victims under 18 need a parent or guardian to petition on their behalf. A third party may also file on behalf of a vulnerable adult or any other adult who cannot file due to age, disability, health or inaccessibility.
Definitions for Sexual Assault Order of Protection
Wyo. Stat. § 7-3-506
(i) “Court” means the Circuit Court * * * in the County where an alleged victim of sexual assault resides or where the alleged perpetrator of the sexual assault is found;
(ii) “Order of Protection” means a court order granted for the protection of a victim of sexual assault;
(iii) “Sexual assault” means conduct as defined by W.S.§ 6-2-302, 6-2-303, 6-2-314 through 6-2-318.