Wyoming Restraining Order Laws (2026): How to Get an Order of Protection

In Wyoming, the civil court order protecting domestic abuse victims is called an Order of Protection under WS 35-21-101 et seq. Any qualifying household member who has experienced domestic abuse can petition for one. A final order can last up to 3 years and may be extended for additional 3-year periods upon a showing of good cause. Wyoming also has a separate civil Order of Protection Against Stalking or Sexual Assault under WS 7-3-506 through 7-3-512, available to any victim regardless of their relationship to the respondent.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Wyoming

Wyoming provides two distinct civil protection tracks, plus a criminal-court remedy when applicable.

The Order of Protection under WS 35-21-101 et seq. is Wyoming's civil domestic abuse protective order. It is available to household members who have experienced domestic abuse and covers physical harm, threats, harassment, and related conduct. The statute defines "household member" broadly to include spouses, former spouses, cohabitants, people with a child in common, people in a dating relationship, parents and their adult children, and other adults who share common living quarters.

The Order of Protection Against Stalking or Sexual Assault under WS 7-3-506 through 7-3-512 is Wyoming's second civil track. Unlike the domestic order, it has no relationship requirement: any victim of stalking or sexual assault may petition for one, regardless of whether they know the respondent. Petitions are filed in circuit court in the county where the victim resides or where the respondent is found. A final order under this track can last for a fixed period up to 3 years, and the court may extend it for additional periods upon a showing of good cause. No filing fee is charged to the petitioner. The order can direct the respondent to stay away from the victim's home, school, and workplace, and to refrain from all forms of contact, including by phone, text, email, and social media.

Criminal protective orders remain a third option and are issued by a court as part of a criminal proceeding against an alleged abuser, stalker, or harasser. They are not a substitute for the civil tracks but can provide additional protection while criminal charges are pending.

Who can get a restraining order in Wyoming?

The key threshold is whether the person causing harm qualifies as a "household member" under WS 35-21-102.

Wyoming's statutory definition of "household member" is relatively broad and includes: a current or former spouse; a current or former cohabitant (someone who lives or has lived with the petitioner as if married); a person with whom the petitioner is or was in a dating relationship; a person with whom the petitioner shares a child in common, even if they never lived together; a parent and that parent's adult child; and other adults who share common living quarters with the petitioner. The relationship does not need to be current; former dating partners and former cohabitants are included.

Because Wyoming uses the "household member" framework rather than a separate dating-violence track, a wider circle of intimate and family relationships qualifies under the single statute. If none of those relationships apply, the civil Order of Protection under WS 35-21-101 et seq. is not available, but that does not mean you have no civil option. The separate Order of Protection Against Stalking or Sexual Assault under WS 7-3-506 through 7-3-512 carries no relationship requirement at all, and a criminal protective order may also be entered if charges are filed.

How to file for a restraining order in Wyoming

A petition for an Order of Protection is filed with the circuit court clerk. WS 35-21-102(a)(ii) defines the court for this act as the circuit court in the county where the victim resides or is found, where the alleged perpetrator resides or is found, or where an act of domestic abuse occurred, and WS 35-21-103(a) requires the petition to be filed with the circuit court clerk. Filing is entirely free for the petitioner: WS 35-21-103 expressly prohibits charging any filing fee or court costs to the person seeking protection, and the federal Violence Against Women Act separately bars fees for domestic violence protective orders.

You fill out a petition describing the domestic abuse and your relationship to the respondent. The clerk's office provides the required forms. After you submit the petition, the court must immediately grant an ex parte temporary order of protection if it appears from the specific facts shown by your affidavit or petition that there exists a danger of further domestic abuse (WS 35-21-104(a)(i)). That is a mandatory standard, not a discretionary one, and "good cause" is the separate standard for extending a final order later under WS 35-21-106(b)(i). The respondent is then served with the temporary order and a notice of the hearing date. The court must hold the hearing within 72 hours after granting the temporary order, or, if no ex parte order is granted, within 72 hours after the petition is filed. The statute adds the qualifier "or as soon thereafter as the petition may be heard by the court," so the actual date can slip when the docket or service requires it.

Circuit court self-help centers and local domestic violence advocacy organizations can assist with completing paperwork and navigating the process. A lawyer is not required, but you can get a free case evaluation from a Wyoming family lawyer to prepare for the final-order hearing (attorney advertising). If safety concerns make it difficult to come to the courthouse, contact a local domestic violence organization, which may be able to help you file remotely or escort you to court.

Temporary vs. final orders: how long they last

The temporary order is issued ex parte, meaning the respondent has not yet appeared in court. It takes effect as soon as the respondent is served. Wyoming's statute does set a deadline. Under WS 35-21-104(a)(iii) the court must hold the hearing within 72 hours after granting the temporary order, or as soon thereafter as the petition may be heard by the court. If no ex parte order was granted, the same 72-hour clock runs from the filing of the petition under WS 35-21-104(a)(iv). The parallel stalking and sexual assault track sets the hearing within 72 hours of filing as well, with service on each party at least 24 hours before the hearing, and provides that failure to hold the hearing in that window does not invalidate the hearing or any order issued (WS 7-3-508(a)). The respondent must be given an opportunity to be heard before a final order issues.

After the full hearing, the court may enter a final Order of Protection for a fixed period of up to 3 years. Before the order expires, the petitioner may ask the court to extend it. Extensions are available in additional periods of up to 3 years each upon a showing of good cause under WS 35-21-106. This means an Order of Protection can remain in force well beyond the initial term if circumstances warrant.

Firearms and a Wyoming protective order

Wyoming does not have a separate state statute requiring mandatory firearm surrender when an Order of Protection is issued. However, a judge has authority to include a firearms prohibition as a condition of the order, and many do when the facts warrant it.

Even without a state surrender requirement, a qualifying final Order of Protection issued after notice and a hearing triggers the federal firearm ban under 18 U.S.C. 922(g)(8). Federal law prohibits any person subject to a qualifying domestic violence court order from possessing firearms or ammunition. This prohibition applies automatically when the order meets the federal criteria, regardless of whether Wyoming state law separately requires surrender. A person who continues to possess firearms after a qualifying final order is issued may face federal prosecution.

If the order includes a firearms prohibition, the respondent is required to comply with that condition. Violations of any order condition, including a firearms prohibition, can be charged as criminal violations of the order.

What happens if someone violates the order?

Willfully violating a Wyoming Order of Protection is a misdemeanor offense under WS 6-4-404. The penalty is up to 6 months imprisonment and/or a fine of up to $750. Each violation may be charged as a separate offense.

Wyoming law authorizes law enforcement to act on probable cause that an order has been violated. If the respondent contacts the petitioner when contact is prohibited, appears at a protected location, or violates any other term of the order, the petitioner should call 911 and report the violation. Keeping a record of violations, including screenshots of messages, photographs, or written notes of dates, times, and what occurred, supports both immediate law enforcement response and any future court proceedings. A court may also hold a respondent in contempt of court as an additional enforcement mechanism beyond the criminal misdemeanor charge.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

For a full national overview, see the Restraining Order Laws by State hub page. For information on Wyoming recording laws and how to document harassment or threats, see the Wyoming Recording Law page.

More Wyoming Laws

• Wyoming Child Custody Laws
• Wyoming Divorce Laws
• Wyoming GPS Tracking Laws
• Wyoming Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Wyoming?

You file a petition for an Order of Protection with the circuit court clerk in your county. There is no filing fee. If the specific facts in your petition or affidavit show a danger of further domestic abuse, the court must immediately grant a temporary ex parte order. The court then holds a hearing within 72 hours of granting that order, or within 72 hours of the filing of the petition if no ex parte order was granted, where both parties can appear before a final order is issued.

How long does a restraining order last in Wyoming?

A temporary order lasts until the full hearing. A final Order of Protection lasts for a fixed period of up to 3 years. Before it expires, you can ask the court to extend it for additional periods of up to 3 years each upon a showing of good cause.

How much does a restraining order cost in Wyoming?

Filing for an Order of Protection in Wyoming is completely free. WS 35-21-103 prohibits charging the petitioner any filing fee or court costs. The federal Violence Against Women Act also bars fees for domestic violence protective orders.

Can I get a restraining order without a police report?

Yes. A prior police report is not required to petition for an Order of Protection in Wyoming. You file a petition with the circuit court describing the domestic abuse and your relationship to the respondent. The court determines whether to issue a temporary order based on your petition.

Does a restraining order take away gun rights in Wyoming?

Wyoming has no standalone state firearm surrender statute for protection orders, but a judge may include a firearms prohibition in the order. More importantly, a qualifying final Order of Protection triggers the federal ban under 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing any firearm or ammunition for the duration of the order.

What happens if the abuser violates the order?

Willfully violating a Wyoming Order of Protection is a misdemeanor under WS 6-4-404, punishable by up to 6 months imprisonment and/or a fine up to $750. Police can act on probable cause of a violation. If the order is violated, call 911 immediately and document what happened.

Can I get a civil stalking protection order in Wyoming if the stalker is not a household member?

Yes. Wyoming has a separate civil Order of Protection Against Stalking or Sexual Assault under WS 7-3-506 through 7-3-512 that is available to any victim regardless of their relationship to the respondent. You petition in circuit court in the county where you live or where the respondent is found. A final order can last up to 3 years and is extendable. No filing fee is charged. This is a civil remedy available directly to you without needing to wait for criminal charges to be filed.