Cheyenne · Laramie County · Wyoming · (307) 333-7539
You may be afraid of someone and need the court to act today. Or you may have just been served with an order you believe is false, and you have been told to leave your own home. Either way, the next seventy-two hours matter more than anything that comes after.
A protection order hearing runs on a civil standard of proof, it happens fast, and everything said in it can be used in a criminal case. It is the most consequential hearing most people walk into without a lawyer. Deep Waters Law represents both petitioners and respondents.
What Wyoming offers, and what it does not
Wyoming has two civil protection-order tracks. There is no third.
Domestic violence protection orders (Wyo. Stat. §§ 35-21-101 through 35-21-112). The petitioner must be a household member of the respondent: a current or former spouse, someone who lives or lived with them, a co-parent, a current or former dating partner, or a relative by blood or marriage. The conduct must be domestic abuse as the Act defines it.
Stalking and sexual assault protection orders (§§ 7-3-506 through 7-3-512). No relationship is required. Any victim of stalking as defined in § 6-2-506(b), or of sexual assault, may petition.
There is no separate “harassment order” in Wyoming. Harassment is part of the definition of stalking. If the harassment is by a household member, the domestic violence track applies. If it is by anyone else, the question is whether it rises to stalking. That is a legal question, and it decides whether you have a case.
The first seventy-two hours
The petition is filed in circuit court, with no filing fee, on forms the clerk provides.
- Domestic violence track: if the petition shows a danger of further abuse, the court shall issue a temporary order immediately, before the respondent knows anything (§ 35-21-104(a)). The hearing follows within 72 hours, or as soon as the court can hear it.
- Stalking track: the court may issue a temporary order on a showing of clear and present danger (§ 7-3-508). A hearing is set within 72 hours, and the respondent must be served at least 24 hours before it.
For a petitioner, relief can be in hand the same day. For a respondent, you may be excluded from your home and barred from contact before you have been heard. The 72-hour clock is real on paper and often slips in practice.
What the petitioner has to prove
The standard is a preponderance of the evidence, not beyond a reasonable doubt. On the domestic violence track, the court must issue a final order if it finds an act of domestic abuse occurred; on the stalking track, if it finds stalking or sexual assault.
Preponderance sounds easy. It is not automatic. Texts, call logs, photographs, medical records, and witnesses decide these hearings, and the party who arrives organized usually wins. A petition built on characterizations rather than dates, words, and screenshots can be lost.
If you have been served
To fight a protection order you first have to show up. Respondents make two mistakes. The first is not appearing, which produces an order by default that can last up to three years. The second is appearing and testifying without understanding that a criminal case is often running alongside.
The hearing gives the State a free preview of your defense and a transcript of your testimony under oath. Anything you say can be used in the criminal case. Whether to testify is a decision to make with counsel before the hearing, not at the podium. Often the right move is to contest the order through cross-examination and documents without taking the stand.
A qualifying protection order also triggers the federal firearms ban in 18 U.S.C. § 922(g)(8) for as long as it is in force. For a rancher, a hunter, a guide, or anyone whose work requires a firearm, that is often the heaviest consequence in the room.
What the order can require, and how long it lasts
The court can order the respondent to stay away from the petitioner’s home, school, and workplace and to have no contact, including through third parties and online. On the domestic violence track it can also address temporary custody, possession of the home, and support. A final order runs up to three years and may be extended for up to three years at a time on good cause. Time is paused while the respondent is incarcerated. Filing for divorce does not end a domestic violence order.
Either party may move to modify or end the order. Petitioners who reconcile should understand that a private agreement changes nothing: until the court acts, any contact remains a crime for the respondent.
Violating an order is a crime
Willfully violating a protection order is a crime under § 6-4-404, carries immediate arrest, and can be prosecuted in any county where the violation occurs. A violation that is itself stalking can bring felony penalties under § 6-2-506(e). “She texted me first” is not a defense. The order binds the respondent, not the petitioner.
Orders across the Wind River boundary
Protection orders issued by the Wind River Tribal Court are entered into the state system and are enforceable off the reservation under 18 U.S.C. § 2265, and Wyoming orders are enforceable on it. The Tribal Court also exercises special criminal jurisdiction over certain non-Indian respondents under federal law. If either party lives or works on the reservation, the jurisdiction questions come first. See our Tribal Court page.
What changed in 2025
Senate File 7, effective July 1, 2025, allows a petition to be filed where the act occurred, not only where a party lives; lets a district attorney petition on a victim’s behalf with consent, and a guardian petition for a minor or vulnerable adult; allows extensions to be served by mail to the last address on file; and lets parties ask to appear remotely. A respondent who moves without updating the court can be bound by an extension he never saw.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he handled the criminal cases that ran alongside these orders, and he knows how a prosecutor reads a protection order file. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College. Protection order hearings are short, and the record they make is permanent.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
How do I get a protection order in Wyoming?
File a petition in circuit court in the county where you live, where the respondent lives, or where the act occurred. There is no fee, and the clerk provides forms. A hearing follows within about 72 hours.
How do I fight a protection order?
Appear at the hearing, bring counsel, and decide before you walk in whether you will testify. The petitioner has to prove the statutory grounds, and you can contest the order through cross-examination and documents without taking the stand. Call the same day you are served.
Is there a harassment restraining order in Wyoming?
Not as a separate remedy. Harassment is handled through the domestic violence and stalking tracks.
How long does a protection order last?
A final order lasts up to three years and can be extended for up to three years at a time on good cause. A temporary order lasts until the hearing.
Can the order be dropped if the petitioner changes their mind?
Only by the court. Until the court acts, the order stays in force and any contact by the respondent is a crime, even contact the petitioner invited.
Does a protection order take away my guns?
A qualifying order does, under federal law, for as long as it is in effect, regardless of what the Wyoming order says.
Talk to a lawyer today
If you were served, the hearing is usually within 72 hours. Call the same day.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.