§ 7-3-508 — Temporary order of protection; setting hearing

Wyoming § 7-3-508

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 3: FUGITIVES AND PREVENTION OF CRIME
• Art. 5: PREVENTION OF CRIME

Text

(a) Upon the filing of a petition for an order of
protection, the court shall schedule a hearing on the petition
to be conducted within seventy-two (72) hours after the filing
of the petition, and shall cause each party to be served, either
within or outside of this state, with an order to appear, a copy
of the petition and a copy of the supporting affidavits. Service
shall be made upon each party at least twenty-four (24) hours
before the hearing. The failure to hold or complete the hearing
within seventy-two (72) hours shall not affect the validity of
the hearing or any order issued thereon.
(b) If the court determines from the specific facts shown
by the petition and supporting affidavits that there exists a
clear and present danger of further stalking, sexual assault or
of serious physical adverse consequences to any person, the
court may grant ex parte a temporary order of protection pending
the hearing, and shall cause a copy of the temporary order of
protection to be served on each party, either within or outside
of this state. The court may prescribe terms in the temporary
order of protection which it deems sufficient to protect the
victim and any other person pending the hearing, including but
not limited to the elements described in W.S. 7-3-509(a).
(c) A temporary order of protection issued under paragraph
(b) of this section shall contain a notice that willful
violation of any provision of the order constitutes a crime as
defined by W.S. 7-3-510(c) and can result in immediate arrest.
The order shall also state 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) An ex parte temporary order of protection issued under
this section shall not be admissible as evidence in any
subsequent criminal proceeding or civil action for damages
arising from the conduct alleged in the petition or the order.
(e) No testimony or evidence of the alleged actor in a
hearing pursuant to subsection (a) of this section shall be
admissible, including for impeachment purposes, or be deemed a
waiver of any protection against self-incrimination under the
constitution of the United States or of the state of Wyoming
unless, prior to the hearing, an information or indictment has
been filed in a district court charging the alleged actor of a
violation of sexual assault as defined by W.S. 7-3-506(a)(iii).