§ 7-3-510 — Service of order; duration and extension of order; violation; remedies not exclusive; order effective during appeal or review

Wyoming § 7-3-510

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

Text

(a) An order of protection granted under W.S. 7-3-509
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. 7-3-509
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, if the court finds from specific
facts that a clear and present danger to the victim continues to
exist. 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.
(c) Willful violation of a temporary order of protection
issued under W.S. 7-3-508 or of an order of protection issued
under W.S. 7-3-509 is a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine of not more than seven
hundred fifty dollars ($750.00), or both. A temporary order of
protection issued under W.S. 7-3-508 and an order of protection
issued under W.S. 7-3-509 shall have 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.
(d) The remedies provided by W.S. 7-3-506 through 7-3-512
are in addition to any other civil or criminal remedy available
under the law.
(e) An order of protection granted under W.S. 7-3-506
through 7-3-512 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.