Domestic Abuse Laws
Wyoming
2001

Note: This page features auto-scrolling links by statute.

CHAPTER 20
FAMILY VIOLENCE

CHAPTER 21
DOMESTIC VIOLENCE PROTECTION

CHAPTER 20
FAMILY VIOLENCE

 

7-20-101.  Definition of "peace officer".

As used in this chapter "peace officer" has the meaning specified in W.S. 7-2-101.

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7-20-102.  Arrests without warrant.

 

(a)  In addition to arrests specified in W.S. 7-2-102, any peace officer who has probable cause to believe that a violation of W.S. 6-2-501(a), (b), (e) or (f), 6-2-502(a) or 6-2-504(a) or (b) has taken place within the preceding twenty-four (24) hours or is taking place and that the person who committed or is committing the violation is a household member as defined by W.S. 35-21-102(a)(iv), may arrest the violator without a warrant for that violation, regardless of whether the violation was committed in the presence of the peace officer.

 

(b)  A peace officer, without a warrant, may arrest and take into custody a person if:

 

(i)  An order of protection has been issued by a county or district court as authorized by W.S. 35-21-104 or 35-21-105 stating on its face the period of time for which the order is valid and specifically restraining or enjoining a household member, as defined by W.S. 35-21-102(a)(iv), from entering onto premises, from physical abuse, threats of personal abuse or acts which unreasonably restrain the personal liberty of any household member, or from abducting, removing or concealing any child in the custody of another household member or from transferring, concealing, encumbering or otherwise disposing of petitioner's property or the joint property of the parties;

 

(ii)  A true copy and proof of service of the order has been filed with the sheriff's office having jurisdiction of the area in which the moving party resides;

 

(iii)  The person named in the order has received notice of the injunctive order;

 

(iv)  The person named in the order is acting in violation of the order or the peace officer has probable cause to believe that the person violated the order within the preceding twenty-four (24) hours; and

 

(v)  The order states on its face that a violation of its terms subjects the person to a criminal penalty pursuant to W.S. 6-4-404.

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7-20-103.  Appearance in court; hearing; probation.

 

(a)  Any person arrested pursuant to W.S. 7-20-102 shall be brought before the court having jurisdiction in the cause without unnecessary delay. At the initial appearance under this section the court shall:

 

(i)  Set a time for a hearing on the alleged violation of the order of protection within seventy-two (72) hours after the person is initially brought before the court under this subsection;

 

(ii)  Set a reasonable bond pending the hearing;

 

(iii)  If the arrest is pursuant to W.S. 7-20-102(b), notify the party who procured the order of protection and direct that party to appear at the hearing and give evidence on the alleged violation; and

 

(iv)  If the defendant is found guilty of an offense referred to in W.S. 7-20-102(a) and 35-21-106(c) and if probation is otherwise available for the offense, the court, without entering a judgment of guilt and with the concurrence of the prosecutor and consent of the defendant, may defer further proceedings and place the defendant on probation as provided in this paragraph.  The terms and conditions of probation shall include those necessary to provide for the protection of the alleged victim and other specifically designated persons and additional conditions and requirements which the court deems appropriate, including any counseling or diversionary programs available to the defendant.  On violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided for revocation of probation.  On fulfillment of the terms and conditions of probation, the court shall discharge the defendant and dismiss the proceedings against the defendant.  This subsection does not apply in any case in which the defendant has previously been found guilty of an offense referred to in W.S. 7-20-102(a) and 35-21106(c), or in which charges under this section have previously been dismissed in accordance with this subsection.

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7-20-104.  Notice to victim of services and legal rights and remedies.

At the time of arrest under W.S. 7-20-102 or as soon thereafter as is practicable, the peace officer shall advise the victim of the availability of a program that provides services to victims of battering in the community and give the victim notice of the legal rights and remedies available. The notice shall include furnishing the victim a copy of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the county or district court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) An order directing your attacker to leave your household; (c) An order preventing your attacker from entering your residence, school, business or place of employment; (d) An order awarding you or the other parent custody of or visitation with a minor child or children; (e) An order restraining your attacker from molesting or interfering with minor children in your custody; (f) An order directing the party not granted custody to pay support for minor children, or for support of the other party if that party has a legal obligation to do so.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is under $.... (Officer to insert current jurisdictional limit of small claims court).

1.  Name, address and phone number of local family violence program.

2.  Name, address and phone number of district attorney's office."

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7-20-105.  Peace officer education and training.

 

(a)  Law enforcement agencies and the Wyoming law enforcement academy shall provide peace officers with a uniform education and training program approved by the peace officer standards and training commission designed to inform the officers of the problems of family and household abuse, procedures to deal with these problems, the provisions of this chapter and the services and facilities available to abused family and household members.  The amount and degree of peace officer training shall include the following:

 

(i)  Officers who are currently employed by a law enforcement agency and have already completed and been certified through a state basic skills course shall be provided eight (8) hours of training through the local law enforcement agency at which the officer is employed.  The law enforcement agency may contact the family violence program in the county to assist in designing and implementing this training;

 

(ii)  Officers who have not yet completed and been certified through the Wyoming state basic skills course shall be provided twelve (12) hours of training as part of the basic skills course at the Wyoming law enforcement academy.  The department of health may be contacted to assist in designing and implementing this training.

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7-20-106.  Civil or criminal liability of peace officer.

 

A peace officer making an arrest pursuant to this chapter is not civilly or criminally liable for that arrest if the officer acts upon probable cause and without malice.

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7-20-107.  Identification codes; reports.

 

(a)  The Wyoming division of criminal investigation within the office of the attorney general shall develop and each law enforcement agency shall use a domestic violence identification code or codes by January 1, 1988.  In all incidents of domestic violence, a report shall be written and shall be thus identified on the face of the report as a domestic violence incident.

 

(b)  The division of criminal investigation shall compile a quarterly and annual statistical report which shall include the number of reported incidents of domestic abuse for each county and for the state as a whole, the types of crime involved in the domestic abuse, the days of the week and hours of the day the incidents occurred and the final disposition of each reported incident.  The statistical reports shall not include the names of any of the persons involved in an incident of domestic abuse or any information which would serve to identify such persons as individuals.  Copies of the quarterly and annual statistical reports shall be published in the "Uniform Crime Reporting, Crime in Wyoming" publication and shall be made available to the public upon request.

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CHAPTER 21
DOMESTIC VIOLENCE PROTECTION

35-21-101.  Short title.

 This act may be cited as the "Domestic Violence Protection Act".

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35-21-102.  Definitions.

 (a)  As used in this act:

     (i)  "Adult" means a person who is sixteen (16) years of age or older, or legally married;

     (ii)  "Court" means the circuit court or, if the county does not have a circuit court, the district court in the county where an alleged victim of domestic abuse resides or is found;

     (iii)  "Domestic abuse" means physical abuse, threats of physical abuse or acts which unreasonably restrain the personal liberty of any household member by any other household member;

     (iv)  "Household member" includes:

(A)  Persons married to each other;

(B)  Persons living with each other as if 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.

     (v)  "Order of protection" means a court order granted for the protection of victims of domestic abuse;

     (vi)  "This act" means W.S. 35-21-101 through 35-21-111.

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35-21-103.  Petition for order of protection; contents; prerequisites; indigent petitioners; counsel to be provided petitioners.

(a)  A victim of domestic abuse may petition the court under this act by filing a petition with the circuit court clerk or the district court clerk if the county does not have a circuit court for an order of protection.

(b)  The petition shall be made under oath or be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.

(c)  No petitioner is required to file for annulment, separation or divorce as a prerequisite to obtaining an order of protection nor is a person's right to petition for relief affected by that person's leaving the residence or household to avoid domestic abuse.

(d)  No filing fee or other court costs or fees shall be assessed or charged to a petitioner seeking an order of protection under this act.

(e)  The clerk of the court shall make available standard petition forms with instructions for completion to be used by a petitioner. Forms are to be prepared by the victim services division within the office of the attorney general. Upon receipt of the initial petition by the clerk of the court, the clerk shall refer the matter to the court.  The court may appoint an attorney to assist and advise the petitioner, and may order the respondent to pay the petitioner's attorney's fees. The petitioner may hire an attorney or file pro se. 

(f)  The court shall not deny a petitioner relief requested pursuant to this act solely because of a lapse of time between an act of domestic abuse and the filing of the petition for an order of protection.

(g)  It shall not be a bar to filing a petition or receiving an order of protection under this act that:

(i)  A criminal or civil order is entered in a case pending against the respondent or between the petitioner and respondent;

(ii)  The petitioner has petitioned for or received orders of protection in the past or that the petitioner has withdrawn a petition or asked to have orders rescinded; or

(iii)  There is evidence of some domestic abuse on the part of the petitioner.

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35-21-104.  Temporary order of protection; setting hearing.

 

(a)  Upon the filing of a petition for order of protection, the court shall:

 

(i)  Immediately grant an ex parte temporary order of protection if it appears from the specific facts shown by the affidavit or by the petition that there exists a danger of further domestic abuse;

 

(ii)  Cause the temporary order of protection, together with notice of hearing, to be served on the alleged perpetrator of the domestic abuse immediately;

 

(iii)  Within seventy-two (72) hours after the granting of the temporary order of protection, hold a hearing on the question of continuing the order; or

 

(iv)  If an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two (72) hours after the filing of the petition.

 

(b)  An order of protection issued under this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may result in further punishment.

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35-21-105.  Order of protection; contents; remedies; order not to affect title to property; conditions.

 

(a)  Upon finding that an act of domestic abuse has occurred, the court shall enter an order of protection ordering the respondent household member to refrain from abusing the petitioner or any other household member. The order shall specifically describe the behavior that the court has ordered the respondent to do or refrain from doing. As a part of any order of protection, the court may:

 

     (i)  Grant sole possession of the residence or household to the petitioner during the period the order of protection is effective or order the respondent to provide temporary suitable alternative housing for petitioner and any children to whom the respondent owes a legal obligation of support;

 

     (ii)  Repealed by Laws 1987, ch. 196, §2.

 

     (iii)  Order that the respondent shall not initiate contact with the petitioner;

 

     (iv)  Prohibit the respondent from abducting, removing or concealing any child in the custody of the petitioner;

 

     (v)  Restrain the respondent from transferring, concealing, encumbering or otherwise disposing of petitioner's property or the joint property of the parties;

 

     (vi)  Order other injunctive relief as the court deems necessary for the protection of the petitioner;

 

     (vii)  If, after a hearing, it finds by a preponderance of evidence that an act of domestic abuse has occurred or that there exists a danger of further domestic abuse, require the respondent to undergo appropriate counseling for a specified period of time not to exceed ninety (90) days.

 

(b)  As part of any order of protection pursuant to subsection (a) of this section, the court shall:

 

     (i)  When the court finds it to be in the best interests of the children, award temporary custody of any children involved to the petitioner. The court shall in this instance provide for visitation with the respondent only if adequate provision can be made for the safety of the children and the petitioner. To provide for the safety of the children and the petitioner, the court may:

 

(A)  Order an exchange of children to occur in a protected setting;

 

(B)  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;

 

(C)  Order the respondent to attend and complete to the court's satisfaction a program of intervention or other designated counseling as a condition of visitation;

 

(D)  Order the respondent to abstain from the consumption of alcohol or controlled substances for up to twenty-four (24) hours before the visitation and during the visitation;

 

(E)  Order the respondent to pay a fee through the court to defray the costs of supervised visitation;

 

(F)  Prohibit overnight visitation;

 

(G)  Require the respondent to post a bond to secure the return and safety of any children; or

 

(H)  Impose any other condition it deems necessary for the safety of the petitioner, the children, or other family or household member.

 

     (ii)  Order the payment of child support and when appropriate, temporary support for the petitioner;

 

     (iii)  Order the payment of any medical costs incurred by the petitioner as a result of the abuse inflicted by the respondent.

 

(c)  The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may result in further punishment.

 

(d)  No order issued under this act shall affect title to any property nor allow the petitioner to transfer, conceal, encumber or otherwise dispose of respondent's property or the joint property of the parties.

 

(e)  Regardless of whether the court provides visitation under subsection (b) of this section, the court shall, if requested by the petitioner, order the address of the petitioner and any children of the petitioner and respondent be kept confidential.

 

(f)  The court may refer an adult petitioner to attend counseling relating to the petitioner's status or behavior as a victim but shall not order or make as a condition of receiving protection that an adult petitioner attend such counseling.

 

(g)  No act of the petitioner or the respondent may be construed to waive or nullify any provision of an order of protection.

 

(h)  The court shall not make any provisions of a single order of protection mutually effective. The court may issue a separate order of protection to each party, provided:

 

     (i)  Each party has filed a separate written petition for an order of protection; and

 

     (ii)  The court makes specific findings on the record that both parties have committed acts of domestic abuse and that each party is entitled to a separate order of protection.

 

     (j)  The form of the order shall be as provided by rule adopted by the Wyoming supreme court.

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35-21-106.  Service of order; duration and extension of order; violation; remedies not exclusive.

 

(a)  An order of protection granted under this act shall be filed with the clerk of court and a copy shall be sent by the clerk to the county sheriff who shall, after service, notify the local law enforcement agency within the county in which the petitioner resides. The order shall be personally served upon the respondent, unless he or his attorney was present at the time the order was issued.

 

(b)  An order of protection granted by the court shall be effective for a fixed period of time not to exceed three (3) months. The order may be extended repetitively for good cause upon motion of the petitioner for additional periods of time not to exceed three (3) months each.  The filing of an action for divorce shall not supersede an order of protection granted under this act.

 

(c)  Willful violation of an order of protection is a crime as defined by W.S. 6-4-404.  An order of protection granted under this act has statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order of protection.

 

(d)  The remedies provided by this act are in addition to any other civil or criminal remedy available to the petitioner.

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35-21-107.  Emergency assistance by law enforcement officers; limited liability.

 

(a)  A person who allegedly has been a victim of domestic abuse may request the assistance of a local law enforcement agency.

 

(b)  A local law enforcement officer responding to the request for assistance may take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including:

 

(i)  Advising the victim of the remedies available under this act and the availability of shelter, medical care, counseling and other services;

 

(ii)  Providing or arranging for transportation of the victim to a medical facility or place of shelter;

 

(iii)  Accompanying the victim to the residence to remove the victim's personal clothing and effects required for immediate needs and the clothing and personal effects of any children then in the care of the victim;

 

(iv)  Arresting the abusing household member when appropriate;

 

(v)  Advising the victim, when appropriate, of the procedure for initiating proceedings under this act or criminal proceedings and the importance of preserving evidence.

 

(c)  Any law enforcement officer responding to a request for assistance under this act is immune from civil liability when complying with the request, providing [that] the officer acts in good faith and in a reasonable manner.

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35-21-108.  Protection orders; priority.

 

(a)  Any order entered in a district court in this state in a proceeding where the petitioner and respondent are parties shall supersede any inconsistent language in any other order entered under this act or in any other court proceeding in this state.

 

(b)  Any order entered under this act shall supersede any inconsistent language in any other order other than one issued by a district court proceeding described in subsection (a) of this section.

 

(c)  Any order allowing the conditional release of a defendant in a criminal proceeding in this state where either the petitioner or the respondent is the named defendant shall include by reference all terms and conditions of an order entered under this act where the petitioner and respondent are parties.

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35-21-109.  Full faith and credit for valid foreign protection orders; affirmative defense; exclusion.

 

(a)  A valid injunction or order for protection against domestic violence is defined as one:

 

(i)  That was issued by a court of another state, tribe or territory;

 

(ii)  Where the issuing court had jurisdiction over the parties and the matter under the laws of the state, tribe or territory;

 

(iii)  Where the respondent was given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued, provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process; and

 

(iv)  Which has not expired.

 

(b)  There shall be a presumption in favor of validity where an order appears valid on its face. The presumption may be rebutted by a showing that the respondent was not given reasonable notice and opportunity to be heard.

 

(c)  A valid protection order shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.

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35-21-110.  Statewide protection order registry.

 

(a)  The Wyoming attorney general or another agency designated by the governor shall establish a statewide registry of protection orders related to domestic violence and shall maintain a complete and systematic record and index of all valid temporary and final civil and criminal court orders of protection.

 

(b)  The data fields of the statewide registry shall include, but need not be limited to, the following information if available:

 

(i)  The names of the petitioner and any protected parties;

 

(ii)  The name and address of the respondent;

 

(iii)  The date the order was entered;

 

(iv)  The date the order expires;

 

(v)  The relief granted which shall specifically identify the relief awarded and citations related thereto, and designate which of the violations are offenses subject to arrest;

 

(vi)  The judicial district and contact information for court administration for the court in which the order was entered; and

 

(vii)  The social security number, date of birth and physical description of the respondent.

 

(c)  The clerk of the issuing court or the clerk of the court where a foreign order of protection is registered shall send a copy of the protection order to the local sheriff and chief of police who shall promptly enter the protection order into the statewide protection order registry.

 

(d)  The statewide protection order registry shall be accessible twenty-four (24) hours a day, seven (7) days a week to provide courts, prosecutors, dispatchers, the department of corrections and law enforcement officers with data concerning valid protection orders issued within the state or filed as a foreign order for purposes of enforcement in the state.

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35-21-111.  Filing and registration of foreign protection orders.

 

(a)  A petitioner who obtains a valid order of protection in another state, tribe or territory may file that order by presenting a certified copy of the foreign order to the clerk of district court in the judicial district where the petitioner believes enforcement may be necessary.

 

(b)  Filing shall be without fee or cost.

 

(c)  The clerk of district court shall forward a copy of the foreign protection order to the local sheriff's office and the chief of police for entry into the statewide protection order registry upon application of a petitioner seeking enforcement.

 

(d)  The clerk of district court shall provide the petitioner with a receipt bearing proof of submission of the foreign protection order for entry into the statewide protection order registry system.

 

(e)  Filing and registration of the foreign order in the statewide protection order registry shall not be prerequisites for enforcement of the foreign protection order in this state.

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