§ 35-21-106 — Service of order; duration and extension of order; violation; remedies not exclusive; order effective during appeal or review

Wyoming § 35-21-106

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

Text

(a) An order of protection granted under W.S. 35-21-105
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 the respondent or the
respondent's attorney was present in person or by remote means
at the time the order was granted.
(b) Except as otherwise provided by this subsection, an
order of protection granted by the court under W.S. 35-21-105
shall be effective for a fixed period of time not to exceed
three (3) years, subject to the following:
(i) Either party may move to modify, terminate or
extend the order. The order may be extended repetitively upon a
showing of good cause for additional periods of time not to
exceed three (3) years each. Any extension of an order of
protection under this paragraph shall be served upon the
respondent by mailing the order to the last known address of the
respondent on file with the clerk of court by certified and
first-class mail, and shall constitute valid notice of the
extension;
(ii) If a party subject to an order of protection is
sentenced and incarcerated or becomes imprisoned the running of
the time remaining for the order of protection shall be tolled
during the term of incarceration or imprisonment. The conditions
and provisions of an order of protection shall remain in effect
during any period of tolling under this paragraph. Upon release
from incarceration or imprisonment the effective period of the
order of protection shall be the amount of time remaining as of
the first day of the term of incarceration or imprisonment or
one (1) year from the date of release, whichever is greater. 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.
(e) The clerk of the court shall cause that part of an
order of protection directing the transfer of a telephone number
to a petitioner as provided in W.S. 35-21-105(a)(viii) to be
served on the affected provider pursuant to W.S. 17-28-104.
(f) An order of protection granted under this act shall
remain effective during the pendency of any appeal or review of
the order of protection or any decision to modify or extend the
order of protection, unless a court orders a stay during the
pendency of the appeal or review.