Wyoming
Wyoming Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content

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 7-3-510, 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 7-3-510 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 is not available, and criminal remedies provide the only civil protection avenue.
How to file for a restraining order in Wyoming
A petition for an Order of Protection is filed with the circuit court clerk in your county (or the district court in counties that do not have a circuit court). 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, a judge can review it that same day and issue a temporary ex parte order if you demonstrate good cause that immediate protection is needed. The respondent is then served with the temporary order and a notice of the hearing date.
Circuit court self-help centers and local domestic violence advocacy organizations can assist with completing paperwork and navigating the process. An advocate or attorney is not required, but having one can be helpful. 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
| Order type | Duration |
|---|---|
| Temporary (ex parte) Order of Protection | Issued same day; remains in effect until the full hearing |
| Final Order of Protection | Fixed period up to 3 years |
| Extended Final Order | Additional periods up to 3 years each, upon good cause |

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 not set a fixed day limit on how long a petitioner may wait for the hearing, though courts generally schedule it promptly after service. 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 (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
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 you show immediate danger, a judge can issue a temporary ex parte order the same day. A full hearing is then scheduled 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 7-3-510 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.
Updates
Corrected the list of relationships that qualify for a Wyoming Order of Protection to match the current statute (removed an invented 'relatives by blood or marriage' category, limited the parent-child category to adult children, and added the statute's 'other adults sharing common living quarters' category), and replaced a dead court citation link.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 6 - Crimes and Offenses - Chapter 4: Offenses Against Morals, Decency and Family - Article 4: Offenses Against the Family
§ 6-4-404Violation of domestic violence order of protection; penalty.In force
(a) Any person who willfully violates a protection order issued pursuant to W.S. 35-21-104 or 35-21-105 or valid injunction or order for protection against domestic violence as defined in W.S. 35-21-109(a), is guilty of 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. (b) Repealed by Laws 2018, ch. 97, § 2.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 3 court opinionsMost recently applied by a court: 2011
Leading cases:
- Snow v. State (Wyoming Supreme Court 2009, 216 P.3d 505)“…d count violation of the protection order, in violation of Wyo. Stat. Ann. § 6-4-404 (LexisNexis 2003). [2] This amendment…”
- Sam v. State (Wyoming Supreme Court 2008, 177 P.3d 1173)“…ny provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may…”
- Robinson v. State (Wyoming Supreme Court 2011, 253 P.3d 1148)“…nvictions, a violation of a protection order charged under Wyo. Stat. Ann. § 6-4-404 (LexisNexis 2009). The gravamen of the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wyoming Statutes, Title 7 - Criminal Procedure - Chapter 3: Fugitives and Prevention of Crime - Article 5: Prevention of Crime
§ 7-3-506Definitions.In force
(a) As used in W.S. 7-3-506 through 7-3-512: (i) "Court" means the circuit court in the county where an alleged victim of stalking or sexual assault resides or is found, where the alleged perpetrator of the stalking or sexual assault resides or is found or where an act of stalking or sexual assault occurred; (ii) "Order of protection" means a court order granted for the protection of a victim of stalking or a victim of sexual assault; (iii) "Sexual assault" means any act made criminal pursuant to W.S. 6-2-302 and 6-2-303 and 6-2-314 through 6-2-318 or an attempt or conspiracy to commit such act; (iv) "Stalking" means conduct as defined by W.S. 6-2-506(b).
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 2 court opinionsMost recently applied by a court: 2011
Leading cases:
- Luplow v. State (Wyoming Supreme Court 1995, 897 P.2d 463)“…criminal statute as well as the protective order statutes, Wyo.Stat. §§ 7-3-506 to -511 (Supp.1994), to this court. The…”
- Robinson v. State (Wyoming Supreme Court 2011, 253 P.3d 1148)“…violation of the order. (d) The remedies provided by W.S. 7-3-506 through 7-8-511 are in addition to any…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- WS 35-21-101 through 35-21-111 (Domestic Violence Protection Act)(wyoleg.gov).gov
- WS 6-4-404 (Violation of Protection Order)(wyoleg.gov).gov
- Wyoming Judicial Branch: Domestic Violence and Protection Orders(wyocourts.gov).gov
- WS 7-3-506 (Order of Protection Against Stalking or Sexual Assault: Definitions), Wyoming Legislature(wyoleg.gov).gov
- Wyoming Judicial Branch: Stalking Protection Orders(wyocourts.gov).gov