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Protection Orders: What are they? Do I qualify for one?
Protection orders are tools used to help keep victims of domestic violence and sexual assault safe from harm. They do not ensure safety - they are merely a piece of paper that says your abuser is not allowed to contact you in any shape or form.
A protection order should only be requested if there is a real fear of harm. In other words, it is not to be used as a tool to gain or maintain custody, or as a "quick divorce".
In Wyoming, in order to qualify for a protection order, you must meet one of the following requirements:
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your husband or wife,
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your ex-husband or ex-wife,
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someone you live or have lived with (as if you were married),
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the parent of your child,
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your parent,
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your adult children,
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other adults that you live with,
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someone who you are dating, or
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someone you dated in the past
"Adult" for purposes of a domestic violence order of protection is a person 16 years of age or older, or legally married. If you are under 16 years old and need an Order of Protection against someone you have dated, your parent can file on your behalf.
If you meet the requirements, here is what happens:
You go to Project SAFE to fill out the paperwork. This will take at least an hour, possibly more. The judge will need to know personally identifying information about you and your abuser. You will need to fill out as much as possible about your abuser so he or she may be served. You will also have to fill out a section that is basically an incident report - what prompted you to get the protection order? When did it happen? You will have to be very specific. In addition, you will fill out a previous history of abuse section that includes any recent abuse.
Once the paperwork is filled out in entirety, you will go to the court house to sign and date it in front of a clerk. You will need to go to the second floor, and it will be the first office across from the elevator. A member of Project SAFE will accompany you. Once you have signed and dated the paperwork, the clerk will fax it to one of the judges.
If the judge decides to grant a temporary order of protection, you will be given what is called an Ex Parte order of protection. This will also include a court date for the judge to make his final determination. Please remember that the ex parte order is not active until your abuser has been served.
Once he/she has been served, you will need to go to ayour court hearing. The judge will ask you why you need a protection order, if there has been any other abuse, etc. Your abuser has the right to be present at this hearing. Every effort will be made to shield you from your abuser - your advocate will sit beside you so you do not have to look at or be near your abuser. The judge will also ask your abuser for his/her side.
If the judge determines there is enough to grant a "final" protection order based on all the information given, he will grant a protection order for no less than 3 months and no more than 12 months. You may renew this protection order on a yearly basis as long as the judge sees a need.