§ 35-21-103 — Petition for order of protection; contents; prerequisites; appointment of an attorney; award of costs and fees; remote appearance at hearings

Wyoming § 35-21-103

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 21: DOMESTIC VIOLENCE PROTECTION

Text

(a) The following persons may petition the court under
this act by filing a petition with the circuit court clerk for
an order of protection:
(i) The victim;
(ii) If the victim consents, the district attorney on
behalf of the victim; or
(iii) Any person with legal authority to act on
behalf of the victim if the victim is:
(A) A minor;
(B) A vulnerable adult as defined in W.S. 35-20-
102(a)(xviii);
(C) Any other adult who, because of age,
disability, health or inaccessibility, cannot file the petition.
(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 represent the victim in the action. Nothing in this
subsection shall prevent the victim from hiring an attorney or
filing a petition 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withdrawn a petition or asked to have orders rescinded; or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.
(h) The court may require the respondent to pay costs and
fees incurred in bringing an action pursuant to this act
including reasonable attorney's fees whether the attorney is
court appointed or retained by petitioner.
(j) For any hearing required or authorized for proceedings
under this act, the petitioner or other party to the hearing may
petition the court to appear at the hearing by remote means. The
court may, in its discretion, grant the petition for remote
appearance at the hearing, provided that the court is equipped
with appropriate audio or video technology to allow the
petitioner or other party to fully participate in the hearing.