English
EspañolWhat types of orders of protection against stalking or sexual assault are there? How long do they last?
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 negative (adverse) 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 both you and the abuser have an opportunity to offer evidence and testimony, 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.3 See Can I change, cancel or extend my order against stalking or sexual assault? for more information.
Note: If the abuser goes to jail while the final order of protection is in effect, the order will last longer than three years. This is known as the order being “tolled.”4 For more information about how this works, see What happens to my order of protection against stalking or sexual assault if the abuser goes to jail or prison?
1 Wyo. Stat. § 7-3-508(b)
2 Wyo. Stat. § 7-3-508(a)
3 Wyo. Stat. § 7-3-510(b)(i)
4 Wyo. Stat. § 7-3-510(b)(ii)
What are the steps to file for order of protection against stalking or sexual assault?
The steps to getting an order of protection against stalking or sexual assault are similar to the steps to getting a domestic violence order of protection. You can click on that section to read more.
Does it cost anything to file or serve the order? Do I need a lawyer?
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)
Can I change, cancel, or extend my order against stalking or sexual assault?
Either you or the abuser can file in court to change (modify), cancel (terminate), or extend the order by filing a motion in the same court that gave you the original order. The Wyoming Courts website has information on how to file the motion and what to expect.
After the motion is filed, the judge might hold a hearing before making a decision. If a hearing is scheduled, both parties would be notified and would have a change at the hearing to offer evidence and testimony.1
The order may be extended multiple times upon a showing of “good cause.” Each extension can be for additional periods of time up to three years. You must be able to allege specific facts that will convince the judge that a clear and present danger to you continues to exist. You will need to return to the court clerk’s office to file the motion for an extension before your order expires. If the judge gives you the extension, a copy of the extended order has to be mailed to the abuser at the last known address that the clerk of the court has on file.2
1 Wyoming Courts website, Instructions for motion to modify an order of protection, motion to terminate an order of protection, motion to extend an order of protection in Wyoming
2 Wyo. Stat. § 7-3-510(b)(i)
What is the penalty for violating the order of protection?
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. For more information on the court process and how to file, you can read these instructions provided by the Wyoming Judicial Branch.
1 Wyo. Stat. § 7-3-510(c)
2 Wyo. Stat. § 7-3-509(c)
What happens to my order of protection against stalking or sexual assault if the abuser goes to jail or prison?
If a judge sends the abuser to jail or to prison during the time that you have an order of protection, 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 (“tolled”) 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 order of protection 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(b)(ii)
What happens to my order against stalking or sexual assault if the abuser files an appeal to overturn it?
If the judge gives you a final order and the abuser appeals, that order will remain in effect while the appeal is being decided unless a judge specifically orders that it should be paused (“stayed”).1
1 Wyo. Stat. § 7-3-510(e)
