For the purposes of getting an order of protection, “domestic abuse” is when a member of your household does any of the following things to you:

• physically abuses you;
• threatens to physically abuse you;
• attempts to cause or causes physical harm or acts which unreasonably restrain your personal liberty (i.e., forcibly holding you down);
• puts you in fear of immediate physical harm;
• 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 force, threat of force or duress (pressure or coercion).¹

If you are being stalked, you may qualify for an order of protection against stalking.

¹ Wyo. Stat. 35-21-102(a)(iii)

An ex parte temporary order of protection can:

1. order the abuser to:
   • not physically abuse you or threaten to physically abuse you;
   • not cause or attempt to cause physical harm to you or commit acts that unreasonably restrain your personal liberty (for example, keeping you locked in a room);
   • not place you in reasonable fear of immediate physical harm;
   • not make you involuntarily participate in sexual activity by force, threat of force, or duress;
   • not contact you in any way, either directly or indirectly, including, but not limited to:
   • verbal contact in person, by telephone, other electronic means, including e-mail, texting, fax, contacting through social media, using the internet or similar technology, and any other form of communication;
   • written communication in any form, including through the mail;
   • communication through another person (a “third person”); or
   • nonverbal communication and gestures;
   • not come to your place of employment;
   • not come so close to your place of employment so that it would “upset your life” under any circumstances;
   • not come to your home and not enter your home;
   • not come so close to your home so that it would “upset your life” under any circumstances; and
   • not place you under surveillance;
   • immediately leave the home
   • not transfer, hide, or otherwise get rid of your property or your joint property with the abuser;
   • not abduct, remove, or hide any child in your custody;
   • not contact your children at their school; and
   • not use or have firearms;
2. give you:
   • sole possession of your home during the period the order is in effect;
   • temporary custody of your children; and
   • other terms that the judge believes are appropriate.¹

A final order of protection can:

1. do everything listed above; and
2. include the following additional things:
   • as an alternative to giving you sole possession of the home, the judge could order the respondent to provide temporary suitable alternative housing for you and any children that the abuser is obligated to support;
   • allow you to get your personal belongings from the home (if you are leaving the home);
   • order the abuser to pay you child support and, possibly, temporary financial support for you;
   • order the abuser to pay medical costs that resulted from the abuse; (Note: You may also be able to sue for other losses suffered as a result of the abuse in small claims court - see Suing an Abuser for Money for more info);
   • order the abuser to get counseling;
   • order the abuser to do / not do anything else needed for your protection;
   • order your wireless cell phone company to:
     • transfer to you the right to use any cell phone numbers (yours and your children’s) that were part of a joint account with the abuser or that were in the abuser’s name; and
     • terminate the abuser’s ability to use or access any data associated with those phone numbers;
   • give you sole possession of a pet, whether the pet is kept or owned by you, the respondent, or a minor child of either;
   • prohibit the abuser from having contact with the pet, removing it, concealing it, or disposing of it;
   • give the abuser visitation of your children. However, the judge must put protections in place for the safety of you and your children. For example, the judge can:

• order the children to be exchanged in a protected setting;
• order that visitation be arranged and supervised by another person or agency, and if the other person is a family or household member, establish conditions to be followed during the visitation;
• order the respondent to attend and complete to the court’s satisfaction a program of intervention or other counseling as a condition of visitation;
• order the respondent to not drink alcohol or use drugs for up to 24 hours before the visitation and during the visitation;
• order the respondent to pay a fee through the court towards the costs of supervised visitation;
• prohibit overnight visitation;
• require the respondent to post a bond (place money with the court) to secure the return and safety of your children; and/or
• order anything else to keep you, the children or another family or household member safe.²

Whether a judge orders any or all of the above depends on the facts of your case.

¹ See Wyoming Courts website, Ex Parte Order of Protection
² Wyo. Stat. § 35-21-105; Wyoming Courts website, Order of Protection

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Someone who is abused by a “household member” may apply for an order.  A household member is defined as:

• your husband or wife;
• your ex-husband or ex-wife;
• someone you live or have lived with (as if you were married);
• your parent;
• your “adult child” (which means the child is age 16 or over or legally married);
• other adults that you live with (“adult” means age 16 or over or legally married);
• someone with whom you have a child in common; or
• someone you are dating or dated in the past.¹

Note: If you are under 16 years old and need an order of protection, your parent can file on your behalf.

If you do not qualify for a domestic violence order of protection, you may qualify for an order of protection against stalking or sexual assault.

¹ Wyo. Stat. § 35-21-102(a)(i),(iv)

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 the abuser has one.  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.¹

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 Places that Help page.

¹ Wyo. Stat. § 35-21-103(d), (h)

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.¹  Go to the Courthouse Locations page to find a court in your area.

It is sometimes helpful to bring the following information about the abuser with you, if you have it:

• a photo of the abuser;
• addresses of where s/he lives and works;
• his/her phone number;
• a description what his/her car looks like and the license plate number.

Bring some form of ID for yourself, if you have it, for when the petition gets notarized in court.

¹ Wyo. Stat. § 35-21-103(a)

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 incidents 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.

The abuser must be served (given) papers that give him/her your temporary restraining order (if the judge gave you one) and inform him/her about the hearing date. The clerk of court can give you information on how the abuser will be served but according to Wyoming law, the court is supposed to arrange for service of the temporary order regardless of whether the abuser lives in Wyoming or out of state.¹

If the respondent 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.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ Wyo. Stat. § 35-21-104(a)(ii)

These are some things you may want to consider after you have been granted a protective order.  Depending on what you think is safest in your situation, you may do any or all of the following:

• Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk how to correct the order before you leave.
• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• You might want to inform your employer, clergy, family members, and/or your closest friends that you have a protective order in effect so that they can be aware of the restrictions on the abuser.
• 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 along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may wish to consider changing your locks and your phone number.

Ongoing safety planning is important after receiving the order.  Many abusers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  Click on the following link for suggestions about Safety Planning.  Advocates at local resource centers can help you design a safety plan and can provide other forms of support.  You can find an advocate in your area on the Advocates and Shelters page.

You can call the police immediately, even if you think it is a minor violation. The “willful violation” of a temporary or final order of protection can be a misdemeanor punishable by up to 6 months in jail, a fine of up to $750.00, or both.¹

The abuser can also be held in contempt of court for violating the court order and punished by the judge. To file for contempt, you would file a motion and affidavit for an order to show cause in the court that issued the order of protection.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ Wyo. Stat. §§ 35-21-106(c); 6-4-404

In Wyoming, if during the time that you have a protection order, the judge sends the abuser to jail or to prison; the length of time that the order is in effect gets extended. If the abuser goes to jail partway through the effective length of an order, then the remaining length of the order is paused until the abuser is released. Once the abuser is released, the order will be in effect for the remaining amount of time set out in the order, or for one year, whichever is longer.¹ For example, let’s say you get a three-year protection order and then six months later the abuser is sent to prison for five years. When the abuser gets out of prison, your order will still be valid for another two years and six months.

¹ Wyo. Stat. §§ 7-3-510; 35-21-106(b)

Stalking is when, with the intention to harass you, the stalker commits acts (engages in a “course of conduct”) that is reasonably likely to harass you.¹

​The “course of conduct” that the stalker must commit includes, but is not limited to, any combination of the following:

• in a harassing manner, communicating with you directly 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 of your home, school, workplace, vehicle, other place where you are; or
• using any electronic, digital, or global positioning system (GPS) device or other electronic means to place you or your internet or wireless activity under surveillance without your permission; or
• committing other repeated acts that harass you.¹

“Harass,” in this context, means committing repeated actions that are directed at a specific person, such as verbal threats, written threats, lewd or obscene statements or images, vandalism, physical contact without your consent, or other actions. The stalker must know, or should know, that these actions would cause a “reasonable person” to suffer one of the following:

• substantial emotional distress;
• substantial fear for one’s own safety or for the safety of another person; or
• substantial fear for the destruction of one’s property.²

¹ Wyo. Stat. § 6-2-506(b)
² Wyo. Stat. § 6-2-506(a)(ii)

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

• the victim;
• the district attorney on behalf of the 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.¹

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.²

¹ Wyo. Stat. § 7–3–507(a)
² Wyo. Stat. § 7–3–507(e)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

There are two types of orders of protection against stalking or sexual assault, an ex parte temporary order and a final order.

If a judge believes there exists a clear and present danger of further stalking, sexual assault, or of serious adverse (negative) physical consequences to you, s/he can issue an ex parte temporary order of protection.¹ “Ex parte” is Latin for “from one side,” which means that the abuser is not notified ahead of time that the order is being issued and is not present in court. This temporary order will last only until your full court hearing when the abuser has an opportunity to tell his/her side, usually within 72 hours.²

A final order of protection lasts for up to three years . In addition, it can be extended more than once. See Can I change, cancel or extend my order? for more information.

To get a final order, you will have a hearing in front of a judge. Both you and the abuser will have an opportunity to tell your sides of the story at this hearing.

¹ Wyo. Stat. § 7-3-508(b)
² Wyo. Stat. § 7-3-508(a)
³ Wyo. Stat. § 7-3-510(b)

There is no fee to file the petition nor a fee for service of process (serving the petition upon the abuser).¹  Although you do not need a lawyer, it could be helpful to have one if the petition is not being filed on your behalf by the district attorney.  If you are low-income (indigent), the judge may appoint an attorney to represent you – or you can have your own attorney or you can appear on your own (pro se).  To find contact information for legal services organizations, go to our Finding a Lawyer page.  If you are representing yourself, go to our At the Hearing section for tips on how to represent yourself. You can learn more about the court system in our Preparing for Court – By Yourself section.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Wyo. Stat. § 7-3-507(c), (d)

The “willful violation” of a temporary or final order of protection can be a misdemeanor punishable by up to 6 months in jail, a fine of up to $750.00, or both.¹ However, if an abuser is charged with violating the order and proves that you “requested” that the abuser violate the order, this can be a defense to being found guilty.¹ For example, if you call the abuser or ask him/her to come over, s/he may not be found guilty of violating the “no contact” or “stay away” provisions.

The abuser can also be held in contempt of court for violating the court order and punished by the judge. To file for contempt, you would file a motion and affidavit for an order to show cause in the court that issued the order of protection.

¹ Wyo. Stat. § 7-3-510(c)
² Wyo. Stat. § 7-3-509(c)

An order of protection is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your order of protection. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.  In Wyoming, a certified order has a stamp, a raised seal, the date, and the signature of a court official on it.
 
The copy you originally received was most likely a certified copy. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. There is usually no fee to get certified copy of a Wyoming order of protection.  You can find a list of courthouses in Wyoming on our Courthouses & Locations page.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. 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. 

Custody, visitation, and child support provisions that are included in an order of protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.¹

¹ 18 U.S.C. 2266

Only the state that issued your order of protection can change, extend, or cancel the order. You cannot have this done by a court in Wyoming.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.  Find out if this is possible in your state by calling the court that issued your order. To find out more information about how to modify a restraining order, see the “How to Get a Restraining Order” page for the state where your order was issued.

If your order does expire while you are living in Wyoming, you may be able to get a new one issued in Wyoming but this may be difficult to do if no new incidents of abuse have occurred in Wyoming. To find out more information on how to get a protective order in Wyoming, visit our Domestic Violence Orders of Protection page. 

To register your order of protection in Wyoming, you must present a certified copy of your order to a clerk in the circuit or district court in the district where you think enforcement may be necessary.¹  The clerk will give you a receipt and will forward your order to the local sheriff’s department or chief of police for entry into the state registry. ²

There is no fee for registering your order,³ but it is always a good idea to bring along your photo ID and any documents that the court gave you along with your original order.

If you need help registering your order of protection, you can contact a local domestic violence organization in Wyoming for assistance. You can find contact information for organizations in your area here on our Advocates and Shelters page.

¹ Wyo. Stat. § 35-21-111(a)
² Wyo. Stat. § 35-21-111(c), (d)
³ Wyo. Stat. § 35-21-111(b)

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our Advocates and Shelters page.

¹ 18 U.S.C. § 2265(d)

There is no fee for registering your order of protection in Wyoming.¹

¹ Wyo. Stat. § 35-21-111(b)