How to Get a Restraining Order in Wyoming

Learning how to get a restraining order in Wyoming is important for victims of both domestic violence and stalking. Also known as an order of protection in the state of Wyoming, it is a court order which allows a victim to seek protection without a lawyer’s help.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm There are two types of orders of protection in Wyoming. Differentiation is primarily based on the relationship between the petitioner and the respondent. The steps for getting a Domestic Violence Order of Protection or an Order of Protection against Stalking are similar.http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title7/T7CH3AR5.htm

A Domestic Violence Order of Protection applies when the abuser is an existing or former spouse, the victim’s parent or adult child, other adults the victim lives with, someone the victim dates or ever dated; lives or ever lived with.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm The protection also covers current or former same-sex partners.http://www.womenslaw.org/laws_state_type.php?id=613&state_code=WY&open_id=11807 Actual physical harms, threats or attempts to cause physical harms, causing fears of imminent physical harms, restraint of freedom and sexual assault constitute abuse in Wyoming.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm A Domestic Violence Order of Protection can force the abuser to engage in personal counseling or appropriate treatments; order the abuser to leave the residence or stay away from specified locations; grant temporary custody of minor children or exclusive possession of the residence to the petitioner; order the abuser to stop selling possessions jointly owned by both parties; demand the abuser to stop certain behavior and further contact; order the abuser to provide for financial support or pay legal fees and other monetary compensation related to the abuse. http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm

An Order of Protection against Stalking can be sought in a circuit or district court when the abuser is a stranger or an unrelated person a victim knows. It applies when the abuser intentionally and recklessly causes the victim substantial emotional distress with a series of acts over a period of time.http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title6/T6CH2AR5.htm%20 Besides stopping stalking behavior, an Order of Protection against Stalking, valid for up to one year, can order the abuser to stay away from certain specified locations.http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title7/T7CH3AR5.htm

How to Get a Restraining Order in Wyoming

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How to Get a Restraining Order

source: www.youtube.com

This video introduces the general procedures of getting a restraining order. The four steps described are basically the same in all states. But minor differences do exist in the application process in different states: the relevant forms needed for the petition; the specific court(s) to file the petition and schedule of the hearing after the petition is filed among others. It is advisable to check with the local courts or advocacy groups for the correct details.

Step 1: Obtain and Fill out the Forms

Obtain the relevant forms at the local domestic violence or sexual assault victim programs or the circuit courts. Fill out the forms with details and dates regarding the alleged abuses or threats. Children can be included as protected individuals in the Domestic Violence Protective Order when they have been abused or threatened by the abuser.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm<ref>

Step 2: Obtain a Temporary Order of Protection

The petition can be filed where the petitioner lives. Only sign the forms in front of a notary public. The court clerk can also notarize the papers.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm Bring all the documents to the circuit court clerk or the district court clerk if the county does not have a circuit court. The papers will be forwarded it to a judge. If the judge considers the victim to be in immediate danger of being abused, a Temporary Order of Protection will be issued. The temporary order will be served on the defendant by law enforcement. A hearing for the final protective order will be scheduled within 72 hours whether or not a temporary order is granted.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm<ref>

Step 3: Obtain a Final Domestic Violence Order of Protection

Both the petitioner and respondent must be present at the hearing with or without a lawyer to present evidences or call witnesses to support their respective stories. The judge will decide if a final order should be issued which is good for up to one year. But the petitioner can apply for an extension before the order expires.http://legisweb.state.wy.us/statutes/titles/Title35/T35CH21.htm

Disclaimer

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.