Chapter 21 - Domestic Violence Protection
CHAPTER 21 - DOMESTIC VIOLENCE PROTECTION
35-21-101. Short title.
Thisact may be cited as the "Domestic Violence Protection Act".
35-21-102. Definitions.
(a) As used in this act:
(i) "Adult" means a person who is sixteen (16) yearsof age or older, or legally married;
(ii) "Court" means the circuit court or, if the countydoes not have a circuit court, the district court in the county where analleged victim of domestic abuse resides or is found;
(iii) "Domestic abuse" means the occurrence of one (1)or more of the following acts by a household member but does not include actsof self defense:
(A) Physically abusing, threatening to physically abuse,attempting to cause or causing physical harm or acts which unreasonablyrestrain the personal liberty of any household member;
(B) Placing a household member in reasonable fear of imminentphysical harm; or
(C) Causing a household member to engage involuntarily insexual activity by force, threat of force or duress.
(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 notliving with each other; and
(H) Persons who are in, or have been in, a dating relationship.
(v) "Order of protection" means a court order grantedfor the protection of victims of domestic abuse;
(vi) "This act" means W.S. 35-21-101 through35-21-111.
35-21-103. Petition for order of protection; contents; prerequisites;counsel to be provided petitioners; award of costs and fees.
(a) A victim of domestic abuse may petition the court underthis act by filing a petition with the circuit court clerk or the districtcourt clerk if the county does not have a circuit court for an order ofprotection.
(b) The petition shall be made under oath or be accompanied bya sworn affidavit setting out specific facts showing the alleged domesticabuse.
(c) No petitioner is required to file for annulment, separationor divorce as a prerequisite to obtaining an order of protection nor is aperson's right to petition for relief affected by that person's leaving theresidence or household to avoid domestic abuse.
(d) No filing fee or other court costs or fees shall beassessed or charged to a petitioner seeking an order of protection under thisact.
(e) The clerk of the court shall make available standardpetition forms with instructions for completion to be used by a petitioner.Forms are to be prepared by the victim services division within the office ofthe attorney general. Upon receipt of the initial petition by the clerk of thecourt, the clerk shall refer the matter to the court. The court may appoint anattorney to assist and advise the petitioner or the petitioner may hire anattorney or file pro se.
(f) The court shall not deny a petitioner relief requestedpursuant to this act solely because of a lapse of time between an act ofdomestic 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 anorder of protection under this act that:
(i) A criminal or civil order is entered in a case pendingagainst the respondent or between the petitioner and respondent;
(ii) The petitioner has petitioned for or received orders ofprotection in the past or that the petitioner has withdrawn a petition or askedto have orders rescinded; or
(iii) There is evidence of some domestic abuse on the part of thepetitioner.
(h) The court may require the respondent to pay costs and feesincurred in bringing an action pursuant to this act including reasonableattorney's fees whether the attorney is court appointed or retained bypetitioner.
35-21-104. Temporary order of protection; setting hearing.
(a) Upon the filing of a petition for order of protection, thecourt shall:
(i) Immediately grant an ex parte temporary order of protectionif it appears from the specific facts shown by the affidavit or by the petitionthat there exists a danger of further domestic abuse;
(ii) Cause the temporary order of protection, together withnotice of hearing, to be served on the alleged perpetrator of the domesticabuse immediately;
(iii) Hold a hearing on the petition within seventy-two (72)hours after the granting of the temporary order of protection or as soonthereafter as the petition may be heard by the court on the question ofcontinuing the order; or
(iv) If an ex parte order is not granted, serve notice to appearupon the parties and hold a hearing on the petition for order of protectionwithin seventy-two (72) hours after the filing of the petition or as soonthereafter as the petition may be heard by the court.
(b) An order of protection issued under this section shallcontain a notice that willful violation of any provision of the orderconstitutes a crime as defined by W.S. 6-4-404, can result in immediate arrestand may result in further punishment.
35-21-105. Order of protection; contents; remedies; order not to affecttitle 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 householdmember to refrain from abusing the petitioner or any other household member.The order shall specifically describe the behavior that the court has orderedthe respondent to do or refrain from doing. As a part of any order ofprotection, the court may:
(i) Grant sole possession of the residence or household to thepetitioner during the period the order of protection is effective or order therespondent to provide temporary suitable alternative housing for petitioner andany 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 withthe petitioner;
(iv) Prohibit the respondent from abducting, removing orconcealing 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 jointproperty of the parties;
(vi) Order other injunctive relief as the court deems necessaryfor the protection of the petitioner;
(vii) If, after a hearing, it finds by a preponderance ofevidence that an act of domestic abuse has occurred or that there exists adanger of further domestic abuse, require the respondent to participate incounseling or other appropriate treatment for a specified period of time not toexceed the term of the order of protection and any extension of the order ofprotection granted under W.S. 35-21-106(b).
(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 thechildren, award temporary custody of any children involved to the petitioner.The court shall in this instance provide for visitation with the respondentonly if adequate provision can be made for the safety of the children and thepetitioner. To provide for the safety of the children and the petitioner, thecourt may:
(A) Order an exchange of children to occur in a protectedsetting;
(B) Order that visitation be arranged and supervised by anotherperson 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'ssatisfaction a program of intervention or other designated counseling as acondition of visitation;
(D) Order the respondent to abstain from the consumption ofalcohol or controlled substances for up to twenty-four (24) hours before thevisitation and during the visitation;
(E) Order the respondent to pay a fee through the court todefray the costs of supervised visitation;
(F) Prohibit overnight visitation;
(G) Require the respondent to post a bond to secure the returnand safety of any children; or
(H) Impose any other condition it deems necessary for thesafety 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 thepetitioner as a result of the abuse inflicted by the respondent.
(c) The order shall contain a notice that willful violation ofany provision of the order constitutes a crime as defined by W.S. 6-4-404, canresult in immediate arrest and may result in further punishment.
(d) No order issued under this act shall affect title to anyproperty nor allow the petitioner to transfer, conceal, encumber or otherwisedispose of respondent's property or the joint property of the parties.
(e) Regardless of whether the court provides visitation undersubsection (b) of this section, the court shall, if requested by thepetitioner, order the address of the petitioner and any children of thepetitioner and respondent be kept confidential.
(f) The court may refer an adult petitioner to attendcounseling relating to the petitioner's status or behavior as a victim butshall not order or make as a condition of receiving protection that an adultpetitioner attend such counseling.
(g) No act of the petitioner or the respondent may be construedto waive or nullify any provision of an order of protection.
(h) The court shall not make any provisions of a single orderof protection mutually effective. The court may issue a separate order ofprotection to each party, provided:
(i) Each party has filed a separate written petition for anorder of protection; and
(ii) The court makes specific findings on the record that bothparties have committed acts of domestic abuse and that each party is entitledto a separate order of protection.
(j) The form of the order shall be asprovided by rule adopted by the Wyoming supreme court.
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 befiled with the clerk of court and a copy shall be sent by the clerk to thecounty sheriff who shall, after service, notify the local law enforcementagency within the county in which the petitioner resides. The order shall bepersonally served upon the respondent, unless he or his attorney was present atthe time the order was issued.
(b) An order of protection granted by the court shall beeffective for a fixed period of time not to exceed one (1) year. Either partymay move to modify, terminate or extend the order. The order may be extendedrepetitively upon a showing of good cause for additional periods of time not toexceed one (1) year each. The filing of an action for divorce shall notsupersede an order of protection granted under this act.
(c) Willful violation of an order of protection is a crime asdefined by W.S. 6-4-404. An order of protection granted under this act hasstatewide applicability and a criminal prosecution under this subsection may becommenced in any county in which the respondent commits an act in violation ofthe order of protection.
(d) The remedies provided by this act are in addition to anyother civil or criminal remedy available to the petitioner.
35-21-107. Emergency assistance by law enforcement officers; limitedliability.
(a) A person who allegedly has been a victim of domestic abusemay request the assistance of a local law enforcement agency.
(b) A local law enforcement officer responding to the requestfor assistance may take whatever steps are reasonably necessary to protect thevictim from further domestic abuse, including:
(i) Advising the victim of the remedies available under thisact and the availability of shelter, medical care, counseling and otherservices;
(ii) Providing or arranging for transportation of the victim toa medical facility or place of shelter;
(iii) Accompanying the victim to the residence to remove thevictim's personal clothing and effects required for immediate needs and theclothing 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 forinitiating proceedings under this act or criminal proceedings and theimportance of preserving evidence.
(c) Any law enforcement officer responding to a request forassistance under this act is immune from civil liability when complying withthe request, providing [that] the officer acts in good faith and in areasonable manner.
35-21-108. Protection orders; priority.
(a) Any order entered in a district court in this state in a proceedingwhere the petitioner and respondent are parties shall supersede anyinconsistent language in any other order entered under this act or in any othercourt proceeding in this state.
(b) Any order entered under this act shall supersede anyinconsistent language in any other order other than one issued by a districtcourt proceeding described in subsection (a) of this section.
(c) Any order allowing the conditional release of a defendantin a criminal proceeding in this state where either the petitioner or therespondent is the named defendant shall include by reference all terms andconditions of an order entered under this act where the petitioner andrespondent are parties.
35-21-109. Full faith and credit for valid foreign protection orders; affirmativedefense; exclusion.
(a) A valid injunction or order for protection against domesticviolence is defined as one:
(i) That was issued by a court of another state, tribe orterritory;
(ii) Where the issuing court had jurisdiction over the partiesand the matter under the laws of the state, tribe or territory;
(iii) Where the respondent was given reasonable notice and theopportunity to be heard before the order of the foreign state, tribe orterritory was issued, provided, in the case of ex parte orders, notice andopportunity to be heard was given as soon as possible after the order wasissued, consistent with due process; and
(iv) Which has not expired.
(b) There shall be a presumption in favor of validity where anorder appears valid on its face. The presumption may be rebutted by a showingthat the respondent was not given reasonable notice and opportunity to beheard.
(c) A valid protection order shall be accorded full faith andcredit by the courts of this state and enforced as if it were issued in thisstate.
35-21-110. Statewide protection order registry.
(a) The Wyoming attorney general or another agency designatedby the governor shall establish a statewide registry of protection ordersrelated to domestic violence and shall maintain a complete and systematicrecord and index of all valid temporary and final civil and criminal courtorders 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 therelief awarded and citations related thereto, and designate which of theviolations are offenses subject to arrest;
(vi) The judicial district and contact information for courtadministration for the court in which the order was entered; and
(vii) The social security number, date of birth and physicaldescription of the respondent.
(c) The clerk of the issuing court or the clerk of the courtwhere a foreign order of protection is registered shall send a copy of theprotection order to the local sheriff and chief of police who shall promptlyenter the protection order into the statewide protection order registry.
(d) The statewide protection order registry shall be accessibletwenty-four (24) hours a day, seven (7) days a week to provide courts,prosecutors, dispatchers, the department of corrections and law enforcementofficers with data concerning valid protection orders issued within the stateor filed as a foreign order for purposes of enforcement in the state.
35-21-111. Filing and registration of foreign protection orders.
(a) A petitioner who obtains a valid order of protection inanother state, tribe or territory may file that order by presenting a certifiedcopy of the foreign order to the clerk of district court in the judicialdistrict 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 theforeign protection order to the local sheriff's office and the chief of policefor entry into the statewide protection order registry upon application of apetitioner seeking enforcement.
(d) The clerk of district court shall provide the petitionerwith a receipt bearing proof of submission of the foreign protection order forentry into the statewide protection order registry system.
(e) Filing and registration of the foreign order in thestatewide protection order registry shall not be prerequisites for enforcementof the foreign protection order in this state.