§ 35-21-105 — Order of protection; contents; remedies; order not to affect title to property; conditions

Wyoming § 35-21-105

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

Text

(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(ii) Repealed by Laws 1987, ch. 196, § 2.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 participate in counseling or
other appropriate treatment for a specified period of time not
to exceed the term of the order of protection and any extension
of the order of protection granted under W.S. 35-21-106(b);
(viii) If the petitioner is not the account holder,
grant the petitioner and order a provider to transfer to the
petitioner the sole right to use and sole financial
responsibility for a telephone number used by the petitioner or
a minor child in the petitioner's custody and terminate in the
provider's system the respondent's ability to use, and to access
any data associated with, the telephone number. An order issued
under this paragraph shall list the name and billing telephone
number of the account holder, the name and contact information
of the petitioner and each telephone number to be transferred to
the petitioner. In issuing an order under this paragraph, the
court shall ensure that the petitioner's contact information is
not disclosed to the respondent or any account holder. The order
shall be served on the provider pursuant to W.S. 35-21-106(e). A
provider may, not later than five (5) business days after being
served with an order under this paragraph, notify the petitioner
and the court that compliance with the order is not possible or
practicable because an account holder named in the order has
terminated the account, differences in network technology would
prevent the functionality of a device on the network or there
are geographic limitations on network or service availability.
In complying with an order issued under this paragraph, a
provider may apply any customary requirements for establishing
an account and transferring a telephone number. A provider is
immune from civil liability for complying with an order issued
under this paragraph;
(ix) Grant sole possession of any household pet, as
defined in W.S. 6-3-1001(a)(iii), owned, possessed or kept by
the petitioner, the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent to the petitioner during the period the order of
protection is effective if the order is for the purpose of
protecting the household pet;
(x) Order that the respondent shall not have contact
with any household pet, as defined in W.S. 6-3-1001(a)(iii), in
the custody of the petitioner and prohibit the respondent from
abducting, removing, concealing or disposing of the household
pet if the order is for the purpose of protecting the household
pet.
(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. Orders shall also contain notice
that a violation that constitutes the offense of stalking as
defined by W.S. 6-2-506(b) may subject the perpetrator to
enhanced penalties for felony stalking under W.S. 6-2-506(e).
(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.