Who is eligible for a domestic violence order of protection?
Someone who is abused by a “household member” may apply for an order. A household member is defined as:
- your husband or wife;
- your ex-husband or ex-wife;
- someone you live or have lived with (as if you were married);
- your parent;
- your “adult child” (which means the child is age 16 or over or legally married);
- other adults that you live with (“adult” means age 16 or over or legally married);
- someone with whom you have a child in common; or
- someone you are dating or dated in the past.1
Note: If you are under 16 years old and need an order of protection, your parent can file on your behalf.
If you do not qualify for a domestic violence order of protection, you may qualify for an order of protection against stalking or sexual assault.
1 Wyoming Code § 35-21-102(a)(i),(iv)
Can I get a domestic violence order for protection against a same-sex partner?
In Wyoming, you may apply for a domestic violence order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for a domestic violence order of protection? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Wyoming?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
How much does it cost? Do I need an attorney?
There is no fee for filing for an order of protection in Wyoming and you do not need an attorney. However, you may want to hire an attorney, especially if the abuser has one. If you have an attorney, the judge may order the abuser to pay reasonable attorney’s fees – whether the attorney is court appointed or hired by you.1
If you cannot find a lawyer, you may wish to have someone from a domestic violence agency in your area go with you. You can find information for help in your area on our WY Places that Help page.
1 Wyoming Code § 35-21-103(d),(h)