Domestic Violence Defense

Wyoming Spousal Abuse Defense Attorney

In Wyoming, accusations of spousal abuse set off a chain of events that moves quickly: arrest, a no-contact order, possible removal from the home, and criminal charges that the prosecution controls, not your spouse. You need a lawyer right away.

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    Home » Criminal Defense » Domestic Violence » Spousal Abuse

    How Spousal Abuse Is Charged in Wyoming

    Wyoming doesn’t have a separate law against “spousal abuse.” Instead, it has laws against domestic battery and domestic assault. Stat. § 6-2-501 applies when the person who is said to have been hurt is a member of the household, which includes a spouse. The main difference between domestic violence charges and general assault charges is that domestic violence cases come with extra penalties, such as mandatory arrest, no-contact orders, and the federal firearms ban that comes with even a misdemeanor domestic violence conviction.

    The most important thing to remember is that in Wyoming, the state, not your spouse, decides whether or not to prosecute. Your spouse can’t just drop the charges once the police file a report and the prosecutor takes the case. Prosecutors often go ahead with cases even when the victim says they don’t want to press charges or asks for them to be dropped. This is not uncommon, and it doesn’t mean that the case will take care of itself.

    The Federal Firearms Consequence

    Under 18 U.S.C. § 922(g)(9), a misdemeanor domestic violence conviction in Wyoming, even the first time, means that you can’t own or possess guns for the rest of your life. This is not something that can be avoided in Wyoming; it is a federal law that will always be there. This consequence alone makes it necessary for hunters, ranchers, military members, and law enforcement officers to fight the charge.

    Defense Strategies in Wyoming Spousal Abuse Cases

    In cases of spousal abuse, the most common defenses we use are: questioning the evidence’s strength, showing that the alleged victim’s story is not consistent, claiming self-defense, claiming mutual combat, and, in some cases, showing that the event never happened as described. People don’t realize how often false accusations happen in divorce and custody cases. We have successfully defended spousal abuse charges in Wyoming at trial — State v. Davis: Not Guilty. State v. Van Horn: Not Guilty.

    Common Defenses Against Assault Charges in Wyoming

    Self-defense is one of the most frequently used defenses in Wyoming assault cases, and Wyoming law supports it. Under Wyoming’s self-defense statute, a person is justified in using force when they reasonably believe it is necessary to protect themselves from imminent unlawful physical harm. Defense of others applies the same logic to protecting a third party. Other strong defenses include lack of intent, false accusations, and mutual combat — where both parties were willing participants and the question of who is the aggressor becomes contested. We have taken assault and battery cases to Wyoming juries and won. State v. Davis — Family Violence/Battery: Not Guilty. State v. Van Horn — Battery: Not Guilty.

    Why the First 48 Hours After an Assault Charge Matter

    Witness memories fade. Surveillance footage gets overwritten. Text messages and social media posts get deleted. Physical evidence disappears. The first 48 hours after an arrest are when the most critical evidence is still available — and having an attorney working on your case during that window can make a significant difference in how your defense is built.

    Call Just Criminal Law today. We’ll review your case, explain your options, and start building your defense immediately.

    Related Charges We Also Defend

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    Aggravated Assault Serious injury, a weapon, or strangulation elevates charges to felony territory.
    Battery Physical contact that causes injury — often charged alongside assault.
    Domestic Violence When assault involves a household member, additional charges and consequences follow.
    Strangulation Wyoming treats strangulation as a separate felony — even without visible injury.
    Violent Crimes See all violent crime charges we defend in Wyoming.
    Self-Defense We build and argue self-defense claims at every stage of your case.

    Why Clients in Wyoming and South Dakota Choose Just Criminal Law

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    Former Prosecutors on Your Side

    Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

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    Criminal Defense Is All We Do

    We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

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    Local Knowledge That Matters

    We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

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    Spanish Language Services Available

    Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.

    25+ Years of Success

    Real Results for Wyoming & South Dakota Clients

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      Other
      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

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      CASE DISMISSED
      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

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      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

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      CASE DISMISSED
      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Charged with a crime in Wyoming? Time is critical.

    The sooner you have an attorney, the more options you have.

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    Frequently asked questions about spousal abuse charges in Wyoming

    No. The state decides what to do next after the police make an arrest and the prosecutor files charges. Your spouse can tell the prosecutor what they want, but in Wyoming, prosecutors often go ahead with the case even if the alleged victim asks for it to be dropped. The prosecution can use the alleged victim’s cooperation, but they don’t have to.

    Yes, permanently. Federal law (18 U.S.C. § 922(g)(9)) says that anyone who is convicted of a misdemeanor crime of domestic violence, such as spousal battery in Wyoming, is not allowed to own guns or ammunition for the rest of their life. This is true no matter what Wyoming’s gun laws say, and in most cases, it can’t be fixed through Wyoming’s rights restoration process.

    A charge of spousal abuse almost always leads to a protection order or no-contact order that can keep you from seeing your spouse and, in some cases, your kids. Family courts look at criminal charges, even if there isn’t a conviction, when deciding who gets custody. We take care of your criminal defense and work with your family law lawyer to make sure your parental rights are protected the whole time.

    Yes. There are times when a case can be thrown out, such as when there isn’t enough evidence, when the alleged victim’s story is backed up by physical evidence or witnesses, or when the investigation or arrest broke the law. Even when dismissal isn’t possible, charges can sometimes be lessened in ways that don’t lead to the most serious side effects, like the federal firearms ban.

    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    South Dakota
    Attending the Sturgis Motorcycle Rally?

    We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

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    Charged with DUI in Wyoming?

    Call before you plead. The 20-day license hearing window is already running.

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