Wyoming Restraining Order Laws (2026): How to Get an Order of Protection
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 7-3-510, 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 or engagement relationship, children of either party, and relatives by blood or marriage.
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); a person with whom the petitioner is or was in a dating or engagement relationship; a person with whom the petitioner shares a child in common; a child of either of the parties; and a person related by blood or marriage. 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 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.
More Wyoming Laws
- Wyoming AI Meeting Recording Laws
- Wyoming Alimony Laws
- Wyoming At-Will Employment Laws
- Wyoming Car Accident Laws
- Wyoming Car Seat Laws
- Wyoming Child Custody Laws
- Wyoming Child Support Laws
- Wyoming Common Law Marriage Laws
- Wyoming Data Privacy Laws
- Wyoming Divorce Laws
- Wyoming Dog Bite Laws
- Wyoming Emancipation Laws
- Wyoming Expungement Laws
- Wyoming Landlord-Tenant Laws
- Wyoming Lemon Laws
- Wyoming Power of Attorney Laws
Sources
- WS 35-21-101 through 35-21-111 (Domestic Violence Protection Act), Wyoming Legislature
- WS 7-3-506 (Order of Protection Against Stalking or Sexual Assault: Definitions), Wyoming Legislature
- WS 7-3-510 (Order of Protection Against Stalking or Sexual Assault: Duration and Extension), Wyoming Legislature
- WS 6-4-404 (Violation of Protection Order), Wyoming Legislature
- Wyoming Judicial Branch: Stalking Protection Orders
- Wyoming Judiciary: Protection Orders
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.