Abuse
Laws
Wyoming
2001
Note:
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CHAPTER
20
FAMILY VIOLENCE
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7-20-101. Definition of "peace officer".
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7-20-102. Arrests without warrant.
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7-20-103. Appearance in court; hearing; probation.
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7-20-104. Notice to victim of services and legal rights and
remedies.
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7-20-105. Peace officer education and training.
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7-20-106. Civil or criminal liability of peace officer.
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7-20-107. Identification codes; reports.
CHAPTER
21
DOMESTIC VIOLENCE PROTECTION
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35-21-101. Short
title.
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35-21-102. Definitions.
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35-21-103. Petition
for order of protection; contents; prerequisites; indigent
petitioners; counsel to be provided petitioners.
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35-21-104. Temporary
order of protection; setting hearing.
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35-21-105. Order
of protection; contents; remedies; order not to affect
title to property; conditions.
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35-21-106. Service
of order; duration and extension of order; violation;
remedies not exclusive.
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35-21-107. Emergency
assistance by law enforcement officers; limited liability.
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35-21-108. Protection
orders; priority.
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35-21-109. Full
faith and credit for valid foreign protection orders;
affirmative defense; exclusion.
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35-21-110. Statewide
protection order registry.
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35-21-111. Filing
and registration of foreign protection orders.
CHAPTER 20
FAMILY VIOLENCE
7-20-101. Definition of "peace officer".
As
used in this chapter "peace officer" has the meaning specified
in W.S. 7-2-101.
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7-20-102. Arrests without warrant.
(a) In addition to arrests specified in W.S. 7-2-102, any peace officer
who has probable cause to believe that a violation of
W.S. 6-2-501(a), (b), (e) or (f), 6-2-502(a) or 6-2-504(a)
or (b) has taken place within the preceding twenty-four
(24) hours or is taking place and that the person who
committed or is committing the violation is a household
member as defined by W.S. 35-21-102(a)(iv), may arrest
the violator without a warrant for that violation, regardless
of whether the violation was committed in the presence
of the peace officer.
(b) A peace officer, without a warrant, may arrest and take into
custody a person if:
(i) An
order of protection has been issued by a county or district
court as authorized by W.S. 35-21-104 or 35-21-105 stating
on its face the period of time for which the order is
valid and specifically restraining or enjoining a household
member, as defined by W.S. 35-21-102(a)(iv), from entering
onto premises, from physical abuse, threats of personal
abuse or acts which unreasonably restrain the personal
liberty of any household member, or from abducting, removing
or concealing any child in the custody of another household
member or from transferring, concealing, encumbering or
otherwise disposing of petitioner's property or the joint
property of the parties;
(ii) A
true copy and proof of service of the order has been filed
with the sheriff's office having jurisdiction of the area
in which the moving party resides;
(iii) The person named in the order has received notice of the injunctive
order;
(iv) The
person named in the order is acting in violation of the
order or the peace officer has probable cause to believe
that the person violated the order within the preceding
twenty-four (24) hours; and
(v) The
order states on its face that a violation of its terms
subjects the person to a criminal penalty pursuant to
W.S. 6-4-404.
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7-20-103. Appearance in court; hearing; probation.
(a) Any person arrested pursuant to W.S. 7-20-102 shall be brought
before the court having jurisdiction in the cause without
unnecessary delay. At the initial appearance under this
section the court shall:
(i) Set
a time for a hearing on the alleged violation of the order
of protection within seventy-two (72) hours after the
person is initially brought 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 the party
who procured the order of protection and direct that party
to appear at the hearing and give evidence on the alleged
violation; and
(iv) If
the defendant is found guilty of an offense referred to
in W.S. 7-20-102(a) and 35-21-106(c) and if probation
is otherwise available for the offense, the court, without
entering a judgment of guilt and with the concurrence
of the prosecutor and consent of the defendant, may defer
further proceedings and place the defendant on probation
as provided in this paragraph. The terms and conditions
of probation shall include those necessary to provide
for the protection of the alleged victim and other specifically
designated persons and additional conditions and requirements
which the court deems appropriate, including any counseling
or diversionary programs available to the defendant.
On violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as
otherwise provided for revocation of probation.
On fulfillment of the terms and conditions of probation,
the court shall discharge the defendant and dismiss the
proceedings against the defendant. This subsection
does not apply in any case in which the defendant has
previously been found guilty of an offense referred to
in W.S. 7-20-102(a) and 35-21106(c), or in which charges
under this section have previously been dismissed in accordance
with this subsection.
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7-20-104. Notice to victim of services and legal rights and
remedies.
At
the time of arrest under W.S. 7-20-102 or as soon thereafter
as is practicable, the peace officer shall advise the
victim of the availability of a program that provides
services to victims of battering in the community and
give the victim notice of the legal rights and remedies
available. The notice shall include furnishing the victim
a copy of the following statement:
"IF YOU ARE
THE VICTIM OF DOMESTIC VIOLENCE, you can ask the district
attorney to file a criminal complaint. You also have the
right to go to the county or district court and file a
petition requesting any of the following orders for relief:
(a) An
order restraining your attacker from abusing you; (b) An
order directing your attacker to leave your household;
(c) An order preventing your attacker from entering
your residence, school, business or place of employment;
(d) An order awarding you or the other parent custody
of or visitation with a minor child or children; (e) An
order restraining your attacker from molesting or interfering
with minor children in your custody; (f) An order
directing the party not granted custody to pay support
for minor children, or for support of the other party
if that party has a legal obligation to do so.
You also have the right
to sue for losses suffered as a result of the abuse, including
medical and moving expenses, loss of earnings or support
and other out-of-pocket expenses for injuries sustained
and damage to your property. This can be done without
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,
address and phone number of local family violence program.
2. Name,
address and phone number of district attorney's office."
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7-20-105. Peace officer education and training.
(a) Law enforcement agencies and the Wyoming law enforcement academy
shall provide peace officers with a uniform education
and training program approved by the peace officer standards
and training commission designed to inform the officers
of the problems of family and household abuse, procedures
to deal with these problems, the provisions of this chapter
and the services and facilities available to abused family
and household members. The amount and degree of
peace officer training shall include the following:
(i) Officers
who are currently employed by a law enforcement agency
and have already completed and been certified through
a state basic skills course shall be provided eight (8)
hours of training through the local law enforcement agency
at which the officer is employed. The law enforcement
agency may contact the family violence program in the
county to assist in designing and implementing this training;
(ii) Officers
who have not yet completed and been certified through
the Wyoming state basic skills course shall be provided
twelve (12) hours of training as part of the basic skills
course at the Wyoming law enforcement academy. The
department of health may be contacted to assist in designing
and implementing this training.
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7-20-106. Civil or criminal liability of peace officer.
A peace officer making an arrest pursuant
to this chapter is not civilly or criminally liable for
that arrest if the officer acts upon probable cause and
without malice.
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7-20-107. Identification codes; reports.
(a) The Wyoming division of criminal investigation within the office
of the attorney general shall develop and each law enforcement
agency shall 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
be thus identified on the face of the report as a domestic
violence incident.
(b) The division of criminal investigation shall compile a quarterly
and annual statistical report which shall include the
number of reported incidents of domestic abuse for each
county and for the state as a whole, the types of crime
involved in the domestic abuse, the days of the week and
hours of the day the incidents occurred and the final
disposition of each reported incident. The statistical
reports shall not include the names of any of the persons
involved in an incident of domestic abuse or any information
which would serve to identify such persons as individuals.
Copies of the quarterly and annual statistical reports
shall be published in the "Uniform Crime Reporting, Crime
in Wyoming" publication and shall be made available to
the public upon request.
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CHAPTER
21
DOMESTIC VIOLENCE PROTECTION
35-21-101. Short title.
This
act may be cited as the "Domestic Violence Protection Act".
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35-21-102. Definitions.
(a) As used in this act:
(i) "Adult" means a person who is sixteen (16) years of age or older,
or legally married;
(ii) "Court" means the circuit court or, if the county does not have
a circuit court, the district court in the county where an
alleged victim of domestic abuse resides or is found;
(iii) "Domestic abuse" means physical abuse, threats of physical abuse
or acts which unreasonably restrain the personal liberty of
any household member by any other household member;
(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 not living
with each other; and
(H) Persons who are in, or have been in, a dating relationship.
(v) "Order of protection" means a court order granted for the protection
of victims of domestic abuse;
(vi) "This
act" means W.S. 35-21-101 through 35-21-111.
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35-21-103. Petition for order of protection; contents; prerequisites;
indigent petitioners; counsel to be provided petitioners.
(a) A victim of domestic abuse may petition the court under this
act by filing a petition with the circuit court clerk or the
district court clerk if the county does not have a circuit
court for an order of protection.
(b) The petition shall be made under oath or be accompanied by a
sworn affidavit setting out specific facts showing the alleged
domestic abuse.
(c) No petitioner is required to file for annulment, separation or
divorce as a prerequisite to obtaining an order of protection
nor is a person's right to petition for relief affected by
that person's leaving the residence or household to avoid
domestic abuse.
(d) No filing fee or other court costs or fees shall be assessed
or charged to a petitioner seeking an order of protection
under this act.
(e) The clerk of the court shall make available standard petition
forms with instructions for completion to be used by a petitioner.
Forms are to be prepared by the victim services division within
the office of the attorney general. Upon receipt of the initial
petition by the clerk of the court, the clerk shall refer
the matter to the court. The court may appoint an attorney
to assist and advise the petitioner, and may order the respondent
to pay the petitioner's attorney's fees. The petitioner may
hire an attorney or file pro se.
(f) The court shall not deny a petitioner relief requested pursuant
to this act solely because of a lapse of time between an act
of domestic 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 an order
of protection under this act that:
(i) A
criminal or civil order is entered in a case pending against
the respondent or between the petitioner and respondent;
(ii) The
petitioner has petitioned for or received orders of protection
in the past or that the petitioner has withdrawn a petition
or asked to have orders rescinded; or
(iii) There is evidence of some domestic abuse on the part of the petitioner.
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35-21-104. Temporary order of protection; setting hearing.
(a) Upon the filing of a petition for order of protection, the court
shall:
(i) Immediately
grant an ex parte temporary order of protection if it appears
from the specific facts shown by the affidavit or by the petition
that there exists a danger of further domestic abuse;
(ii) Cause
the temporary order of protection, together with notice of
hearing, to be served on the alleged perpetrator of the domestic
abuse immediately;
(iii) Within seventy-two (72) hours after the granting of the temporary
order of protection, hold a hearing on the question of continuing
the order; or
(iv) If
an ex parte order is not granted, serve notice to appear upon
the parties and hold a hearing on the petition for order of
protection within seventy-two (72) hours after the filing
of the petition.
(b) An order of protection issued under this section shall contain
a notice that willful violation of any provision of the order
constitutes a crime as defined by W.S. 6-4-404, can result
in immediate arrest and may result in further punishment.
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35-21-105. Order of protection; contents; remedies; order not
to affect title 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
household member to refrain from abusing the petitioner or
any other household member. The order shall specifically describe
the behavior that the court has ordered the respondent to
do or refrain from doing. As a part of any order of protection,
the court may:
(i) Grant sole possession of the residence or household to the petitioner
during the period the order of protection is effective or
order the respondent to provide temporary suitable alternative
housing for petitioner and any 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 with the
petitioner;
(iv) Prohibit the respondent from abducting, removing or concealing
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 joint
property of the parties;
(vi) Order other injunctive relief as the court deems necessary for
the protection of the petitioner;
(vii) If, after a hearing, it finds by a preponderance of evidence
that an act of domestic abuse has occurred or that there exists
a danger of further domestic abuse, require the respondent
to undergo appropriate counseling for a specified period of
time not to exceed ninety (90) days.
(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 the children,
award temporary custody of any children involved to the petitioner.
The court shall in this instance provide for visitation with
the respondent only if adequate provision can be made for
the safety of the children and the petitioner. To provide
for the safety of the children and the petitioner, the court
may:
(A) Order an exchange of children to occur in a protected setting;
(B) Order
that visitation be arranged and supervised by another person
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's satisfaction
a program of intervention or other designated counseling as
a condition of visitation;
(D) Order the respondent to abstain from the consumption of alcohol
or controlled substances for up to twenty-four (24) hours
before the visitation and during the visitation;
(E) Order the respondent to pay a fee through the court to defray
the costs of supervised visitation;
(F) Prohibit overnight visitation;
(G) Require the respondent to post a bond to secure the return and
safety of any children; or
(H) Impose any other condition it deems necessary for the safety
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 the petitioner
as a result of the abuse inflicted by the respondent.
(c) The order shall contain a notice that willful violation of any
provision of the order constitutes a crime as defined by W.S.
6-4-404, can result in immediate arrest and may result in
further punishment.
(d) No order issued under this act shall affect title to any property
nor allow the petitioner to transfer, conceal, encumber or
otherwise dispose of respondent's property or the joint property
of the parties.
(e) Regardless of whether the court provides visitation under subsection
(b) of this section, the court shall, if requested by the
petitioner, order the address of the petitioner and any children
of the petitioner and respondent be kept confidential.
(f) The court may refer an adult petitioner to attend counseling
relating to the petitioner's status or behavior as a victim
but shall not order or make as a condition of receiving protection
that an adult petitioner attend such counseling.
(g) No act of the petitioner or the respondent may be construed to
waive or nullify any provision of an order of protection.
(h) The court shall not make any provisions of a single order of
protection mutually effective. The court may issue a separate
order of protection to each party, provided:
(i) Each party has filed a separate written petition for an order
of protection; and
(ii) The court makes specific findings on the record that both parties
have committed acts of domestic abuse and that each party
is entitled to a separate order of protection.
(j) The
form of the order shall be as provided by rule adopted by
the Wyoming supreme court.
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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 be filed
with the clerk of court and a copy shall be sent by the clerk
to the county sheriff who shall, after service, notify the
local law enforcement agency within the county in which the
petitioner resides. The order shall be personally served upon
the respondent, unless he or his attorney was present at the
time the order was issued.
(b) An order of protection granted by the court shall be effective
for a fixed period of time not to exceed three (3) months.
The order may be extended repetitively for good cause upon
motion of the petitioner for additional periods of time not
to exceed three (3) months each. The filing of an action
for divorce shall not supersede an order of protection granted
under this act.
(c) Willful violation of an order of protection is a crime as defined
by W.S. 6-4-404. An order of protection granted under
this act has statewide applicability and a criminal prosecution
under this subsection may be commenced in any county in which
the respondent commits an act in violation of the order of
protection.
(d) The remedies provided by this act are in addition to any other
civil or criminal remedy available to the petitioner.
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35-21-107. Emergency assistance by law enforcement officers;
limited liability.
(a) A person who allegedly has been a victim of domestic abuse may
request the assistance of a local law enforcement agency.
(b) A local law enforcement officer responding to the request for
assistance may take whatever steps are reasonably necessary
to protect the victim from further domestic abuse, including:
(i) Advising
the victim of the remedies available under this act and the
availability of shelter, medical care, counseling and other
services;
(ii) Providing
or arranging for transportation of the victim to a medical
facility or place of shelter;
(iii) Accompanying the victim to the residence to remove the victim's
personal clothing and effects required for immediate needs
and the clothing 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 for initiating
proceedings under this act or criminal proceedings and the
importance of preserving evidence.
(c) Any law enforcement officer responding to a request for assistance
under this act is immune from civil liability when complying
with the request, providing [that] the officer acts in good
faith and in a reasonable manner.
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35-21-108. Protection orders; priority.
(a) Any order entered in a district court in this state in a proceeding
where the petitioner and respondent are parties shall supersede
any inconsistent language in any other order entered under
this act or in any other court proceeding in this state.
(b) Any order entered under this act shall supersede any inconsistent
language in any other order other than one issued by a district
court proceeding described in subsection (a) of this section.
(c) Any order allowing the conditional release of a defendant in
a criminal proceeding in this state where either the petitioner
or the respondent is the named defendant shall include by
reference all terms and conditions of an order entered under
this act where the petitioner and respondent are parties.
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35-21-109. Full faith and credit for valid foreign protection
orders; affirmative defense; exclusion.
(a) A valid injunction or order for protection against domestic violence
is defined as one:
(i) That
was issued by a court of another state, tribe or territory;
(ii) Where
the issuing court had jurisdiction over the parties and the
matter under the laws of the state, tribe or territory;
(iii) Where the respondent was given reasonable notice and the opportunity
to be heard before the order of the foreign state, tribe or
territory was issued, provided, in the case of ex parte orders,
notice and opportunity to be heard was given as soon as possible
after the order was issued, consistent with due process; and
(iv) Which
has not expired.
(b) There shall be a presumption in favor of validity where an order
appears valid on its face. The presumption may be rebutted
by a showing that the respondent was not given reasonable
notice and opportunity to be heard.
(c) A valid protection order shall be accorded full faith and credit
by the courts of this state and enforced as if it were issued
in this state.
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35-21-110. Statewide protection order registry.
(a) The Wyoming attorney general or another agency designated by
the governor shall establish a statewide registry of protection
orders related to domestic violence and shall maintain a complete
and systematic record and index of all valid temporary and
final civil and criminal court orders 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 the relief
awarded and citations related thereto, and designate which
of the violations are offenses subject to arrest;
(vi) The
judicial district and contact information for court administration
for the court in which the order was entered; and
(vii) The social security number, date of birth and physical description
of the respondent.
(c) The clerk of the issuing court or the clerk of the court where
a foreign order of protection is registered shall send a copy
of the protection order to the local sheriff and chief of
police who shall promptly enter the protection order into
the statewide protection order registry.
(d) The statewide protection order registry shall be accessible twenty-four
(24) hours a day, seven (7) days a week to provide courts,
prosecutors, dispatchers, the department of corrections and
law enforcement officers with data concerning valid protection
orders issued within the state or filed as a foreign order
for purposes of enforcement in the state.
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35-21-111. Filing and registration of foreign protection orders.
(a) A petitioner who obtains a valid order of protection in another
state, tribe or territory may file that order by presenting
a certified copy of the foreign order to the clerk of district
court in the judicial district 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 the foreign
protection order to the local sheriff's office and the chief
of police for entry into the statewide protection order registry
upon application of a petitioner seeking enforcement.
(d) The clerk of district court shall provide the petitioner with
a receipt bearing proof of submission of the foreign protection
order for entry into the statewide protection order registry
system.
(e) Filing and registration of the foreign order in the statewide
protection order registry shall not be prerequisites for enforcement
of the foreign protection order in this state.
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