ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to stalking, sexual assault and domestic
violence protection orders; amending provisions regarding
the appointment of counsel; amending filing, service and
notice requirements for protection orders; authorizing
orders extending protection orders to be served upon the
respondent by mail as specified; specifying who may file a
petition on behalf of a victim of domestic abuse; amending
definitions; specifying applicability; and providing for an
effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
and (b), 35-21-102(a)(ii), 35-21-103(a) and (e) and
35-21-106(a) and (b) are amended to read:
7-3-506. Definitions.
(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 where the alleged perpetrator
of the stalking or sexual assault is found
where an act of stalking or sexual assault occurred;
7-3-507. Petition for order of protection; contents;
prerequisites; appointment of an attorney; remote
appearance at hearings.
(d) The attorney general shall promulgate a standard
petition form may be used by petitioners. The
clerk of the circuit or district court shall make standard
petition forms available to petitioners, with instructions
for completion, without charge. If the petition is not ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
filed by the district attorney, the court may appoint an
attorney to represent
the action.
victim from hiring an attorney or filing a petition pro se.
7-3-510. Service of order; duration and extension of
order; violation; remedies not exclusive.
(a) An order of protection granted under W.S. 7-3-509
shall be
Rules of Civil Procedure. A copy of the order of protection
shall be filed with the sheriff of the county
the clerk of court and a copy shall be sent by the clerk to
the county sheriff who shall, after service, notify the
local law enforcement agency within the county in which the
petitioner resides.
upon the respondent unless the respondent or the
respondent's attorney was present in person or by remote
means at the time the order was granted.
(b) Except as otherwise provided by this subsection,
an order of protection granted by the court under W.S.
7-3-509 shall be effective for a fixed period of time not
to exceed three (3) years, subject to the following:.
(i) Either party may move to modify, terminate
or extend the order. The order may be extended repetitively
upon a showing of good cause for additional periods of
time, not to exceed three (3) years each, if the court
finds from specific facts that a clear and present danger
to the victim continues to exist.
of protection under this paragraph shall be served upon the
respondent by mailing the order to the last known address
of the respondent on file with the clerk of court by ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
certified and firstclass mail, and shall constitute valid
notice of the extension;
(ii) If a party subject to an order of
protection is sentenced and incarcerated or becomes
imprisoned, the running of the time remaining for the order
of protection shall be tolled during the term of
incarceration or imprisonment. The conditions and
provisions of an order of protection shall remain in effect
during any period of tolling under this
paragraph. Upon release from incarceration or imprisonment
the effective period of the order of protection shall be
the amount of time remaining as of the first day of the
term of incarceration or imprisonment or one (1) year from
the date of release, whichever is greater.
35-21-102. Definitions.
(a) As used in this act:
(ii) "Court" means the circuit court
county does not have a circuit court, the district court
the county where alleged victim of domestic abuse
resides or is found, where an alleged perpetrator of the
domestic abuse resides or is found or where an act of
domestic abuse occurred;
35-21-103. Petition for order of protection;
contents; prerequisites; appointment of an attorney; award
of costs and fees; remote appearance at hearings.
(a)
may petition the court under this act by filing a petition
with the circuit court clerk ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4
the county does not have a circuit court
protection:
(i) The victim;
(ii) If the victim consents, the district
attorney on behalf of the victim; or
(iii) Any person with legal authority to act on
behalf of the victim if the victim is:
(A) A minor;
(B) A vulnerable adult as defined in W.S.
35-20-102(a)(xviii);
(C) Any other adult who, because of age,
disability, health or inaccessibility, cannot file the
petition.
(e) The clerk of the court shall make available
standard petition forms with instructions for completion to
be used by a petitioner. Forms are to be prepared by the
victim services division within the office of the attorney
general. Upon receipt of the initial petition by the clerk
of the court, the clerk shall refer the matter to the
court. The court may appoint an attorney to
advise the petitioner or the petitioner may hire
the victim in the action.
prevent the victim from hiring
petition pro se.
35-21-106. Service of order; duration and extension
of order; violation; remedies not exclusive. ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5(a) An order of protection granted under
W.S. 35-21-105
copy shall be sent by the clerk to the county sheriff who
shall, after service, notify the local law enforcement
agency within the county in which the petitioner resides.
The order shall be personally served upon the respondent,
unless
attorney was present at the
time the order was issued granted.
(b) Except as otherwise provided by this subsection,
an order of protection granted by the court under W.S.
35-21-105 shall be effective for a fixed period of time not
to exceed three (3) years, subject to the following:.
(i) Either party may move to modify, terminate
or extend the order. The order may be extended repetitively
upon a showing of good cause for additional periods of time
not to exceed three (3) years each.
order of protection under this paragraph shall be served
upon the respondent by mailing the order to the last known
address of the respondent on file with the clerk of court
by certified and first‑class mail, and shall constitute
valid notice of the extension;
(ii) If a party subject to an order of
protection is sentenced and incarcerated or becomes
imprisoned the running of the time remaining for the order
of protection shall be tolled during the term of
incarceration or imprisonment. The conditions and
provisions of an order of protection shall remain in effect
during any period of tolling under this
paragraph. Upon release from incarceration or imprisonment
the effective period of the order of protection shall be
the amount of time remaining as of the first day of the ORIGINAL SENATE
FILE NO. SF0007
ENROLLED ACT NO. 33, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6
term of incarceration or imprisonment or one (1) year from
the date of release, whichever is greater. The filing of an
action for divorce shall not supersede an order of
protection granted under this act.
Section 2. This act shall apply to petitions for
stalking, sexual assault and domestic violence protection
orders that are filed on and after July 1, 2025.
Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk