Chapter 20 - Family Violence
CHAPTER 20 - FAMILY VIOLENCE
7-20-101. Definition of "peace officer".
As used in this chapter "peaceofficer" has the meaning specified in W.S. 7-2-101.
7-20-102. Arrests without warrant.
(a) In addition to arrests specified in W.S. 7-2-102, any peaceofficer who has probable cause to believe that a violation of W.S. 6-2-501(a),(b), (e) through (g), 6-2-502(a) or 6-2-504(a) or (b) has taken place withinthe preceding twenty-four (24) hours or is taking place and that the person whocommitted or is committing the violation is a household member as defined byW.S. 35-21-102(a)(iv), may arrest the violator without a warrant for thatviolation, regardless of whether the violation was committed in the presence ofthe peace officer.
(b) A peace officer, without a warrant, may arrest and takeinto custody a person if:
(i) An order of protection has been issued by a circuit ordistrict court as authorized by W.S. 35-21-104 or 35-21-105 stating on its facethe period of time for which the order is valid and specifically restraining orenjoining a household member, as defined by W.S. 35-21-102(a)(iv), fromentering onto premises, from physical abuse, threats of personal abuse or actswhich unreasonably restrain the personal liberty of any household member, orfrom abducting, removing or concealing any child in the custody of anotherhousehold member or from transferring, concealing, encumbering or otherwisedisposing of petitioner's property or the joint property of the parties;
(ii) A true copy and proof of service of the order has beenfiled with the sheriff's office having jurisdiction of the area in which themoving party resides;
(iii) The person named in the order has received notice of theinjunctive order;
(iv) The person named in the order is acting in violation of theorder or the peace officer has probable cause to believe that the personviolated the order within the preceding twenty-four (24) hours; and
(v) The order states on its face that a violation of its termssubjects the person to a criminal penalty pursuant to W.S. 6-4-404.
7-20-103. Appearance in court; hearing; probation.
(a) Any person arrested pursuant to W.S. 7-20-102 shall bebrought before the court having jurisdiction in the cause without unnecessarydelay. At the initial appearance under this section the court shall:
(i) Set a time for a hearing on the alleged violation of theorder of protection within seventy-two (72) hours after the person is initiallybrought 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 theparty who procured the order of protection and direct that party to appear atthe hearing and give evidence on the alleged violation; and
(iv) If the defendant is found guilty of an offense referred toin W.S. 7-20-102(a) and 35-21-106(c) and if probation is otherwise availablefor the offense, the court, without entering a judgment of guilt and with theconcurrence of the prosecutor and consent of the defendant, may defer furtherproceedings and place the defendant on probation as provided in thisparagraph. The terms and conditions of probation shall include those necessaryto provide for the protection of the alleged victim and other specificallydesignated persons and additional conditions and requirements which the courtdeems appropriate, including any counseling or diversionary programs availableto the defendant. On violation of a term or condition of probation, the courtmay enter an adjudication of guilt and proceed as otherwise provided forrevocation of probation. On fulfillment of the terms and conditions ofprobation, the court shall discharge the defendant and dismiss the proceedingsagainst the defendant. This subsection does not apply in any case in which thedefendant has previously been found guilty of an offense referred to in W.S.7-20-102(a) and 35-21-106(c), or in which charges under this section havepreviously been dismissed in accordance with this subsection.
7-20-104. Notice to victim of services and legal rights and remedies.
At the time of arrest under W.S. 7-20-102or as soon thereafter as is practicable, the peace officer shall advise thevictim of the availability of a program that provides services to victims ofbattering in the community and give the victim notice of the legal rights andremedies available. The notice shall include furnishing the victim a copy ofthe following statement:
"IF YOU ARETHE VICTIM OF DOMESTIC VIOLENCE, you can ask the district attorney to file acriminal complaint. You also have the right to go to the circuit or districtcourt and file a petition requesting any of the following orders for relief:(a) An order restraining your attacker from abusing you; (b) An orderdirecting your attacker to leave your household; (c) An order preventing yourattacker from entering your residence, school, business or place of employment;(d) An order awarding you or the other parent custody of or visitation with aminor child or children; (e) An order restraining your attacker from molestingor interfering with minor children in your custody; (f) An order directing theparty not granted custody to pay support for minor children, or for support ofthe other party if that party has a legal obligation to do so.
You also have theright to sue for losses suffered as a result of the abuse, including medicaland moving expenses, loss of earnings or support and other out-of-pocketexpenses for injuries sustained and damage to your property. This can be donewithout 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, addressand phone number of local family violence program.
2. Name, addressand phone number of district attorney's office."
7-20-105. Peace officer education and training.
(a) Law enforcement agencies and the Wyoming law enforcementacademy shall provide peace officers with a uniform education and trainingprogram approved by the peace officer standards and training commissiondesigned to inform the officers of the problems of family and household abuse,procedures to deal with these problems, the provisions of this chapter and theservices and facilities available to abused family and household members. Theamount and degree of peace officer training shall include the following:
(i) Officers who are currently employed by a law enforcementagency and have already completed and been certified through a state basicskills course shall be provided eight (8) hours of training through the locallaw enforcement agency at which the officer is employed. The law enforcementagency may contact the family violence program in the county to assist indesigning and implementing this training;
(ii) Officers who have not yet completed and been certifiedthrough the Wyoming state basic skills course shall be provided twelve (12)hours of training as part of the basic skills course at the Wyoming lawenforcement academy. The department of health may be contacted to assist indesigning and implementing this training.
7-20-106. Civil or criminal liability of peace officer.
A peace officer making an arrest pursuantto this chapter is not civilly or criminally liable for that arrest if theofficer acts upon probable cause and without malice.
7-20-107. Identification codes; reports.
(a) The Wyoming division of criminal investigation within theoffice of the attorney general shall develop and each law enforcement agencyshall 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 bethus identified on the face of the report as a domestic violence incident.
(b) The division of criminal investigation shall compile aquarterly and annual statistical report which shall include the number ofreported incidents of domestic abuse for each county and for the state as awhole, the types of crime involved in the domestic abuse, the days of the weekand hours of the day the incidents occurred and the final disposition of eachreported incident. The statistical reports shall not include the names of anyof the persons involved in an incident of domestic abuse or any informationwhich would serve to identify such persons as individuals. Copies of thequarterly and annual statistical reports shall be published in the"Uniform Crime Reporting, Crime in Wyoming" publication and shall bemade available to the public upon request.