If you’ve just been served with a protection order in Wyoming, you need to know what happens now and what you should do.
Remember that a temporary protection order is not a criminal conviction. This is a civil court order issued before you have had an opportunity to tell your side of the story. Here’s what you need to know.
What Is a Temporary Order of Protection?
A Wyoming judge can issue a temporary protection order based on the petitioner’s allegations. This can be done without your presence in court.
That means the judge has heard one side of the story. Unfortunately, that means you haven’t had your opportunity to respond.
The order may require you to have no contact with the petitioner. You may also need to stay away from certain locations, leave a shared residence, or follow other restrictions the court considers necessary for protection. Depending on the order and the circumstances, it may also affect firearms, housing, property, or access to children.
The order takes effect when you are served, and you must follow it right away.
What to Do and What Not to Do
The first couple of days can be chaotic. You may be angry, confused, or desperate to explain what happened.
Whatever you do, never contact the petitioner. That means no calls, texts, emails, social media messages, or messages through friends or relatives. If the petitioner contacts you first, do not respond.
You also don’t want to return to a residence. Owning the home or being listed on the lease doesn’t override the order.
Save everything. You want to keep texts, emails, voicemails, photographs, social media messages, and other records that may be important. Don’t delete anything just because it’s uncomfortable or embarrassing.
Most importantly, don’t wait until the morning of the hearing to find a lawyer. As soon as you receive an order, reach out to an experienced criminal defense lawyer.
What Happens at the Protection Order Hearing?
The protection order hearing is your opportunity to tell the court your side of the story. The petitioner presents their evidence first. That may include testimony, messages, photographs, witnesses, police reports, or other evidence.
You have the opportunity to respond. Depending on the circumstances, that can include cross-examining the petitioner, presenting your own evidence, calling witnesses, and testifying.
The judge decides the case using a preponderance of the evidence standard. That means the question is whether the evidence shows that the allegations are more likely than not to meet the legal requirements for a protection order.
If you don’t show up, don’t assume the case will disappear. The court can consider the evidence presented by the petitioner and potentially enter a final order without hearing your side.
What Does Agreeing to a Protection Order Mean?
You may be tempted to agree to an order to end the situation. But a final protection order can affect your employment, housing, property rights, and family arrangements.
Along with that, a qualifying protection order can also trigger federal firearm restrictions. That is important if you’re a law enforcement officer, member of the military, security professional, or anyone whose employment involves firearms.
A residence-exclusion provision can also prevent you from returning to your home, even if you own it.
And violating the order can create a separate criminal offense. That can include prohibited contact, going somewhere you’re ordered to avoid, or using another person to communicate with the petitioner.
In other words, signing or agreeing to an order is not necessarily the harmless shortcut it may appear to be. Before agreeing to anything, talk to an attorney about what the order would actually mean for you.
What If You’ve Been Served With a Protection Order?
A temporary protection order is not the same as a finding that you’ve been convicted of domestic violence. You still have an opportunity to present your side at the hearing.
Just Criminal Law can help you understand the allegations, prepare for the hearing, challenge the evidence, and protect your rights throughout the process.
If you’ve been served with a protection order in Wyoming, contact Just Criminal Law as soon as possible. The sooner you have an attorney reviewing the order and the allegations, the more time you have to prepare.
FAQs
How long do I have before the protection order hearing?
Wyoming law requires the hearing to be scheduled within 72 hours of the temporary order being granted, or as soon afterward as possible.
Can I go home if I’ve been served with a protection order?
It depends on what the order says. If you’re ordered to leave or stay away from a residence, don’t return because you own the property or are on the lease. Follow the order unless and until the court changes it.
Can a protection order be dropped?
There may be procedures to ask the court to modify, terminate, or extend an order. However, the petitioner can’t cancel the order by telling you that it’s no longer needed. Until the court changes the order, you should continue following it.
