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How To Get A Restraining Order In Wyoming
A restraining order in Wyoming is a legal directive issued by a court to protect individuals from threats, abuse, harassment, or stalking by another person. The order typically bars the restrained party from contacting or approaching the protected individual or their property.
Wyoming statutes authorize several types of protection orders depending on the nature of the threat, including:
- Wyo. Stat. Ann. § 35-21-101 et seq. – Protection from domestic abuse
- Wyo. Stat. Ann. § 7-3-508 – Stalking protection orders
- Wyo. Stat. Ann. § 7-3-509 – Procedures for issuing emergency or temporary orders
A violation of a protection order in Wyoming is treated as a criminal offense. Under Wyo. Stat. Ann. § 6-4-404, a first offense is a misdemeanor punishable by up to six months in jail, a fine of up to $750, or both. Repeat violations may lead to enhanced penalties, including felony charges in some instances.
Protected persons may obtain details or copies of their protection order by accessing Wyoming civil court records through the Wyoming Judiciary or contacting the court clerk in the issuing county.
Types Of Restraining Orders in Wyoming
Below are the most common types of restraining orders available under Wyoming law:
Domestic Violence Protection Order
This type of order is issued under the Wyoming Domestic Violence Protection Act (Wyo. Stat. Ann. § 35-21-101 et seq.) to protect individuals who have experienced physical abuse, threats, or stalking from someone with whom they share a close personal relationship. This includes current or former spouses, individuals who share a child, cohabitants, or those in a dating relationship. The court may grant temporary or permanent relief, including orders prohibiting contact, removal from a shared residence, and surrender of firearms pursuant to federal or state law.
Stalking Protection Order
Under Wyo. Stat. Ann. § 7-3-508, this civil order is available to individuals experiencing stalking from someone with whom they do not have a domestic relationship. It can be used against neighbors, acquaintances, coworkers, or strangers. The order may prohibit contact and require the respondent to stay away from the petitioner's home, workplace, or school. Unlike domestic violence orders, it does not require a familial or intimate relationship between the parties.
Vulnerable Adult Protection Order
This order provides protection for adults who are elderly or disabled and are experiencing abuse, exploitation, or neglect. The request can be made by the adult, their guardian, or any interested person under Wyo. Stat. Ann. § 35-20-103. Relief may include removing the abuser from the victim's residence or prohibiting further acts of mistreatment.
Workplace Protection Order
Wyoming law permits employers to seek protective orders under specific circumstances involving threats, harassment, or acts of violence against employees in the workplace. While not commonly used, these orders are intended to maintain a safe working environment.
Criminal No-Contact Orders
In criminal cases, prosecutors may request no-contact orders for victims or witnesses as a condition of bond or sentencing. The Wyoming Rules of Criminal Procedure govern these and are enforceable by law enforcement throughout the state.
Wyoming does not currently recognize standalone gun violence restraining orders or transitional housing-specific protective orders. However, courts may order firearm surrender in the context of other protective proceedings when there is a clear danger to public safety or pursuant to federal firearms prohibitions under 18 U.S.C. § 922(g)(8) and (g)(9).
Are Restraining Orders Public Record In Wyoming?
Yes. In Wyoming, restraining orders—also referred to as protection orders—are generally considered public records under the Wyoming Public Records Act (Wyo. Stat. Ann. § 16-4-201 et seq.). These court-issued documents are accessible unless sealed by a judge. The court may limit public access if the case involves sensitive issues such as domestic violence, child custody, or safety concerns, or if one of the parties successfully petitions for confidentiality. Access determinations are made on a case-by-case basis by the issuing court.
How To Lookup Restraining Orders In Wyoming
Information about a restraining order can typically be obtained through the district or circuit court where the order was filed. Interested parties may review case files in person at the courthouse, and some courts may provide copies upon request for a fee. Online access to court records is limited; however, the Wyoming Judicial Branch offers partial access through its case management system. For more comprehensive records, in-person visits remain the most reliable method. Sensitive portions of the file, particularly those involving minors or sealed proceedings, may not be available to the public. Contact the court clerk in the relevant county for specific procedures and associated costs.
Can You Lookup A Restraining Order Online?
Partial online access to restraining orders is possible in Wyoming, but the state does not operate a centralized online database for public court records. Instead, access depends on the individual court's technological infrastructure. Some Wyoming district or circuit courts offer limited case information through online portals or third-party platforms, but full case documents, including restraining orders, are often not available online due to privacy concerns and court policy.
Each court in Wyoming maintains its records, and only the issuing court will have the complete documentation for a restraining order. If the court lacks an online case lookup system or restricts online availability of protection order records, individuals may need to visit the courthouse in person or contact the court clerk to request information.
Some third-party websites may claim to offer access to Wyoming court records, including restraining orders. However, these platforms are not affiliated with the Wyoming Judicial Branch and may present outdated or inaccurate information. Official documents should be verified through the appropriate county court. For the most accurate and complete information, in-person inquiry at the issuing court remains the most reliable method.
How To File A Restraining Order In Wyoming
In Wyoming, individuals seeking court protection from abuse, stalking, or harassment must file a petition for a protection order at the appropriate district or circuit court. The type of protection order—whether for domestic violence, stalking, or sexual assault—depends on the relationship between the parties and the nature of the threat. Petitioners uncertain about which type to file may consult court clerks, legal aid organizations, or victim advocacy groups for guidance.
The required forms can be obtained from the local courthouse or online via the Wyoming Judicial Branch's website. The petition should be filed in the county where either party resides or where the incidents occurred. In emergency situations, courts may issue a Temporary Order of Protection (TPO) on the same day the petition is filed. The forms must include:
- A description of the respondent's threatening or abusive conduct
- Specific incidents with dates and details
- The relief or protection requested
- Whether immediate protection is needed
After filing, the court will review the petition and may grant a temporary order if there is evidence of immediate danger. A hearing will then be scheduled, typically within 72 hours to 14 days, at which both the petitioner and respondent can present evidence. The court will decide whether to issue a final protection order, which may remain in effect for up to one year and can be renewed.
The respondent must be served with a copy of the petition, temporary order (if granted), and the hearing notice. Service must be completed by the sheriff's office or a neutral adult. The protection order is not enforceable unless the respondent is properly served.
In urgent cases where court access is not immediately possible, local law enforcement may assist in obtaining an Emergency Protection Order (EPO), typically issued by a judge over the phone and valid for a short period until formal court action can be taken.
Can You File A Restraining Order For No Reason In Wyoming?
No. Wyoming courts require a petitioner to present credible evidence of actual or threatened harm before issuing a protection order. Under Wyo. Stat. Ann. § 35-21-102 to § 35-21-109 (for domestic violence) and § 7-3-508 (for stalking), the petitioner must demonstrate reasonable grounds, such as documented instances of abuse, threats, or harassment. Frivolous or unfounded petitions may be dismissed and could result in legal consequences for abuse of the court process.
What Proof Do You Need For A Restraining Order In Wyoming?
To obtain a restraining order (protection order) in Wyoming, petitioners must provide sufficient evidence to convince the court that protection is necessary. Wyoming courts apply the "preponderance of the evidence" standard, meaning the petitioner must show that it is more likely than not that the respondent committed or threatened acts of abuse, stalking, or harassment as defined by law (see Wyo. Stat. Ann. §§ 35-21-102 to 35-21-111 for domestic violence; § 7-3-508 for stalking).
Acceptable forms of evidence may include:
- Written or electronic threats (texts, emails, social media messages)
- Photographs of injuries or property damage
- Audio or video recordings
- Medical or psychological records
- Police reports or incident logs
- Witness testimony or written statements
In cases involving domestic violence, petitioners may also need to prove a qualifying relationship with the respondent. However, such a relationship is not necessary in stalking or sexual assault protection order cases.
Petitioners should bring multiple copies of all documentation—one for the judge, one for the respondent, and one for personal records. Courts may require transcripts for audio or video recordings submitted as evidence. Contacting the court clerk in advance is recommended to ensure compliance with local evidentiary rules.
How Long Does It Take To Get A Restraining Order In Wyoming?
The timeframe to obtain a restraining order in Wyoming varies by the type of order. In urgent situations, a Temporary Order of Protection (TPO) may be issued the same day the petition is filed if the court finds immediate danger. A hearing for a final order is typically scheduled within 72 hours to 14 days of the temporary order, depending on court availability and statutory requirements (Wyo. Stat. Ann. § 35-21-104(d)).
How Long Does A Restraining Order Last In Wyoming?
- Emergency Protection Orders (EPOs): Issued by law enforcement through judicial authorization in urgent circumstances. These generally remain in effect for up to 72 hours, excluding weekends and holidays.
- Temporary Orders of Protection (TPOs): These orders are short-term and remain valid until the scheduled court hearing—usually within a few days to two weeks.
- Final Protection Orders: If granted after a hearing, these may last up to one year under Wyo. Stat. Ann. § 35-21-105(e). Petitioners may request renewal before expiration. Extensions beyond the original term are subject to court approval based on continued need.
How Much Does A Restraining Order Cost in Wyoming?
Filing for a restraining order—legally known as a protection order—in Wyoming is generally free of charge when the request involves domestic violence, stalking, or sexual assault, pursuant to Wyo. Stat. Ann. § 35-21-104(c). No court filing or sheriff's service fees apply in these cases, ensuring that cost does not hinder access to protection.
If a petitioner uses a private process server instead of the county sheriff's office to serve the respondent, they may be responsible for those service fees. Additionally, although there is no cost to file for qualifying protection orders, individuals seeking relief in other types of civil actions may incur standard court fees unless eligible for a waiver due to financial hardship. Wyoming courts may approve fee waivers upon submission of an application demonstrating inability to pay, by local court procedures.
Can You Cancel A Restraining Order In Wyoming?
Yes. The petitioner or the respondent may request that a Wyoming protection order be modified or terminated. To do so, the requesting party must file a motion with the court that issued the original order. The motion should specify whether the party seeks to cancel (vacate) the entire order or amend specific terms.
Once the motion is filed, the court will schedule a hearing, and the opposing party must be served with notice of the hearing and a copy of the motion. The judge will consider both parties' testimony and any evidence presented at the hearing. If the court determines there is reasonable cause to modify or dissolve the order—such as a significant change in circumstances—the order may be altered or revoked in part or in whole.
