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EspañolWho is eligible for a domestic violence order of protection?
Someone who is abused by a “household member” may apply for an order. A household member is defined as:
- your spouse or ex-spouse;
- someone you live or have lived with as if you were married;
- your parent;
- your adult child;
- other adults that you live with;
- someone with whom you have a child in common; or
- someone you are dating or dated in the past.1
In numbers 5 and 6, above, “adult” means anyone 16 years or older, or someone who is legally married. This means, for example, that your child who is 16 or 17 years old counts as an adult “household member” for the purposes of getting an order of protection against him/her. But this doesn’t affect the fact that s/he is still considered your dependent child for other purposes.
Note: The district attorney can file for an order of protection on your behalf if you agree to it.2 If you are under 16 years old and need an order, your parent can file a petition on your behalf.3
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)
2 Wyo. Stat. § 35-21-103(a)(ii)
3 Wyo. Stat. § 35-21-103(a)(iii); see also Instructions for Applying for a Domestic Violence Order of Protection on the Wyoming Courts website
Can I get a domestic violence order for protection against a same-sex partner?
In Wyoming, you may apply for a domestic violence order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for a domestic violence order of protection? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Wyoming?
How much does it cost? Do I need an attorney?
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)
