Domestic Violence Protection Orders

A Domestic Violence Protection Order provides a legal option for someone who is being abused or threatened by an intimate partner, or former partner. If you believe you may be in danger or need assistance, call the Wyoming Domestic Violence Hotline at 1-800-990-3877. Help is available 24 hours a day, 7 days a week.

The following is general information about Domestic Violence Protection Orders. The Wyoming Coalition Against Domestic Violence and Sexual Assault provides this information as a service to you and does not assume legal liability for its content.Frequently Asked Questions about Domestic Violence Protection Orders.

Questions 1. What is a Protection Order?
2. What can the Protection Order do?
3. How does a PO help me?
4. Who can get one?
5. Why would I want a PO?
6. Do I have to get a divorce or sign a warrant first?
7. I have a restraining order. How do I know if it is a PO?
8. I'm in the middle of a divorce. Can I still get a PO?
9. How do I apply?
10. What questions do I need to answer?
11. What information will I need?
12. What if I don't have this information?
13. How can I keep my address a secret from my abuser?
14. Do I need a lawyer?
15. What if I want a lawyer and can't afford one?
16. What does it cost?
17. What if I am in danger? Can I try to get one right away?
18. What will the emergency PO order do?
19. Will I automatically get an emergency PO?
20. What if the judge denies my request for emergency protection?
21. How long does the emergency PO order last?
22. What happens at the final PO court hearing?
23. Will I be safe in court?
24. What do I need to tell the judge?
25. What does a permanent PO provide?
26. How long does a permanent Protection Order last?
27. What if I leave town?
28. What should I do if my abuser violates my PO order?
29. Will my abuser go to jail?
30. How long will my abuser be locked up?
31. Does he have to abuse me to be arrested?
32. What are the penalties?
33. Will a PO protect my safety?

1. What is a Protection Order (PO)?
A PO is a circuit court order which provides legal protection for a person in or just out of an abusive relationship. With a PO, the police can intervene before your abuser harms you. Any violation of the PO order can result in your abuser being arrested.

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2. What can the Protection Order do?
In the PO, the judge can grant you:
• Custody of the children.
• Financial support.
• Possession of property, such as the house or car.

The judge can prohibit the abuser from:
• Abuse
• Threats
• Harassment
• Telephone calls
• Any contact with you or the children
• Destroying property

The judge can order the abuser to:
• Stay away from you
• Stay away from your home, work, or school
• Pay child support

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3. How does a PO help me?
If you have a PO, an abuser does not have to assault or threaten you to be charged with a crime. If the abuser violates the PO order in any way, such as calling you when he is ordered not to, he can be charged with violating the order, which is a crime.

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4. Who can get one?
You can file for a PO if you have one of the following relationships with an abuser:
• Married, regardless of living arrangements.
• Divorced or separated.
• Living together or have lived together.
• Have a child in common.
• Present or former household member.
• Parent or child of each other.
• Dating relationship.

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5. Why would I want a PO?
• A PO may be granted in a speedy manner.
• The rights or protection granted to you may be greater than what you might obtain through other types of legal actions.
• You can seek the order without an attorney.
• The order complies with federal law and must be enforced in other states.

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6. Do I have to get a divorce or sign a warrant first?
No, you do not have to get a divorce, be divorced or sign a warrant against your abuser to petition for a PO order.

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7. I have a restraining order. How do I know if it is a PO?
The order must say that it is entered "pursuant to a petition for protection from abuse" or that "following a hearing the court finds that there exists a history of violence or abuse."

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8. I'm in the middle of a divorce. Can I still get a PO?
Yes. A PO is an additional remedy for protection. A PO petition could be filed and attached to your pending civil action, such as a divorce, without paying an additional filing fee. However, if you have an attorney, you should discuss this option before filing.

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9. How do I apply?
A petition for a Protection Order can be obtained from the circuit court clerk in your county. You can contact your local domestic violence/sexual assault program to obtain the required forms and receive assistance in filling them out and filing them.

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10. What questions do I need to answer?
This form will ask several questions about you and the abuse incident(s) that led you to ask for protection. Be as specific as possible about the abuse and threats of abuse, including the abuser's language, your injuries and any destroyed property. If your abuser owns a weapon and has threatened to use it, include this information on your petition. Your local shelter program can provide you with information and assistance in applying for a PO. To contact your local shelter, call Wyoming’s toll-free crisis line number (1-800-990-3877) or go to member programs on this website.

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11. What information will I need?
• A current address and phone number for the abuser, and if possible a work address and phone number, so that he can be served.
• If you are the spouse of the abuser, the date and place of your marriage, divorce or separation.
• A copy of any other current legal process or court case/order involving you and the person who has committed the abuse.
• Copies of recent police and/or medical reports on recent domestic violence incidences.

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12. What if I don't have this information?
Bring what you have and seek protection anyway.

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13. How can I keep my address a secret from my abuser?
You can request that the court order the omission or deletion of your address on any information that goes to the defendant.

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14. Do I need a lawyer?
No. The Protection Order is a pro se order, meaning it can be filed without a lawyer. If you are seeking custody of children or possession of the home, you may wish to consult an attorney.

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15. What if I want a lawyer and can't afford one?
You can request a listing of Wyoming attorneys who specialize in domestic law from the Wyoming State Bar, by calling (307) 632-9061 or you may call the WCADVSA Legal Assistance Project at (307) 755-0992. You can also contact your local domestic violence/sexual assault program, which may be able to recommend a lawyer.

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16. What does it cost?
There is a filing fee that varies from county to county. If you cannot pay the fee, you can complete an Affidavit of Substantial Hardship indicating need, which may allow you to file without the fee, or to pay after the protection order is signed. The forms are also available from the Circuit Court Clerk.

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17. What if I am in danger? Can I get one right away?
Yes. You can request an ex parte--meaning emergency--order from the court. If you need immediate protection, fill out the ex parte section of the form and tell the clerk you need an emergency order. The judge will be alerted to your request and will review it before the hearing is set. Ex parte means the judge considers your request without notifying or hearing from the abuser. You should also consider whether you should seek shelter while going through this process. Call the Domestic Violence hotline, 1-800990-3877 for a shelter near you or goto the member page of this website for a complete listing of programs in Wyoming.

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18. What will the emergency PO do?
The emergency or ex parte order can give you temporary custody of your children.

The judge can order the abuser to:
• Stop threatening or committing acts of abuse.
• Stay away from you and your children at home, work and school.
• Not interfere with your custody of the children.
• Stay away from the family home.
• Not destroy, sell or conceal joint property.

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19. Will I automatically get an emergency PO?
No. It is up to the judge hearing your petition to determine whether to grant you an emergency PO. It is important to use as much detail as possible in the application, and to explain to the judge the danger you are in. Give examples, if possible.

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20. What if the judge denies my request for emergency protection?
You may ask the judge to consider your PO petition through the court hearing process, after the abuser has been served with a copy of your request and has an opportunity to respond.

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21. How long does the emergency PO last?
The ex parte or emergency order lasts until your court hearing, which should be held within 3 days.

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22. What happens at the PO court hearing?
You will be asked to testify in court about the abuse and harassment you have experienced. The abuser will also be allowed to be present and testify in the hearing. If you have an emergency PO, it expires the day of your hearing. If the abuser does not attend, your PO may be granted or another court hearing may be set. If the judge does not extend the Protection Order, you should request that he do so before leaving the hearing, or as soon as possible afterwards.

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23. Will I be safe in court?
You should be protected while in court. The person you are seeking protection from should not be allowed to abuse you while your case is being heard. If you believe you will not be safe entering or leaving the court, you should notify the court or law enforcement agency before coming or leaving. You can also arrive in the courtroom at least 30 minutes before the hearing, and contact the bailiff about your need. Consider taking a legal advocate from a domestic violence/sexual assault program, or a family or friend with you, and driving an unfamiliar car.

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24. What do I need to tell the judge?
You should consider gathering the following information, if it is available. All evidence, including your testimony, may be considered by the judge:
• Your statement about abuse
• Police/sheriff incidence reports (certified, if possible)
• Tape-recorded messages or threats
• Photographs of injuries
• Pictures of damage to your home
• Weapons used
• Medical reports of your injuries (certified, if possible)
• Witnesses who have seen or heard the abuse
• Dates and times of incidents, a written journal
• Torn clothing or other items
• Injuries or threats to children
• Injuries or threats of injury to pets

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25. What does a permanent PO provide?
The judge can order all the provisions of the ex parte or emergency order and can order your abuser to:
• Pay attorney's fees and court costs.
• Supervised or unsupervised child visitation, if appropriate.
• Give up possession of the family home.
• Provide temporary support for you and the children, if appropriate.
• Provide a car for your transportation.

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26. How long does a permanent Protection Order last?
The Protection Order generally lasts three months from the date it is signed by the judge, unless otherwise specified. You can apply for an extension.

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IT IS VERY IMPORTANT TO CARRY YOUR PROTECTION ORDER WITH YOU AT ALL TIMES. MAKE SEVERAL COPIES. LEAVE THEM IN YOUR CAR, AT WORK, AT SCHOOL, WITH FRIENDS AND FAMILY. GIVE COPIES TO ALL AGENCIES LISTED IN THE ORDER.


27. What if I leave town?
Your protection order can be enforced throughout the state and the U.S. If you move in state, provide certified copies of the order to the local sheriff and police. If you move out of state, also notify the circuit court.

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28. What should I do if my abuser violates my PFOorder?
You may call the police. Show them your protection order and tell them what happened. They can arrest the abuser for violating the order. You may also apply for a warrant for the abuser's arrest for violating the PO order. If an arrest is not made at the scene, you may report the violation to the court that issued the order. Keep a journal of all violations, documenting incidents with dates and names of witnesses.

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29. Will my abuser go to jail if he violates the order?
Your abuser can be arrested and charged with violating a PO order. He may also be found in contempt of court and fined. Violation of a PO is a Class A misdemeanor that carries with it a fine and possible jail sentence. If other criminal acts are committed, they may also be punishable by law. Penalties can increase for repeat offences.

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30. How long will my abuser be locked up?
Your abuser can be arrested, but may be able to post bond. He may be in jail for only a few hours unless first taken before a judge or magistrate for bail conditions. It is important that you have a safe place to stay when he is released.

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31. Does he have to abuse me to be arrested?
No. Most POs prohibit the abuser from any contact with you. He can be arrested for calling you, following you, or coming to the home, work or school. He does not have to physically abuse you to be arrested.

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32. What are the penalties?
Violation of a PO is a Class A misdemeanor that carries with it a fine and possible jail sentence, as determined by the judge. If other criminal acts are committed in addition to violating the order, that may also be punishable as provided by law. Penalties may increase for second or subsequent offenses.

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33. Will a PO protect my safety?
It is dangerous to stay in an abusive relationship. Abuse becomes more severe and more frequent over time. However, leaving an abusive relationship is also dangerous. Be aware that while a PO provides a legal means for you to protect yourself from your abuser, it does not provide you with physical safety. It is important to work out a safety plan for you and your children. Your local domestic violence/sexual assault program can help you.

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Domestic violence is a crime.
You are entitled to legal protection.

A protection order does not guarantee your safety.

Protection Orders offer legal remedies to abuse victims. Remember, battered women are in the most danger when leaving or separating from a relationship.

Some Safety Tips:

Keep a copy of your protection order with you at all times.

Make copies of your order and post it at work or school.

Give a copy to the police departments in your community.

If you feel safe, tell your boss, minister, friends and family that you have a protection order against your abuser.

Call the police if your batterer violates the order.

Make sure the violation is documented. Charges can be filed against your batterer for violating the order.

Call you local domestic violence program if you have any questions about your order.