What is the Difference Between a Protective Order and a Restraining Order in Wyoming?

Wyoming courts issue protective orders and restraining orders to protect victims of domestic violence, dating violence, and stalking. They are also issued in domestic relations cases to address possession of a shared residence, award temporary custody or temporary spousal support, or order parties to obtain counseling.

While protective orders and restraining orders share many similarities, they are distinct legal tools used in different situations. Nonetheless, the penalties for violating a protective order or a restraining order can vary considerably. If a court has issued a protective order or restraining order against you, you should take it seriously and abide by its terms.

If someone has taken out a protective order or restraining order against you, the criminal defense team at Just Criminal Law can evaluate the order, help you understand its terms, and represent you in court to ensure it is as minimally restrictive as possible.

What Is the Difference Between a Protective Order and a Restraining Order?

Wyoming courts issue protective orders and restraining orders in different circumstances. While protective orders and restraining orders share many similarities, courts use them to address different situations. If someone has taken out a protective order or restraining order against you, our team can help you understand and abide by its terms and fight to ensure the order is as minimally restrictive as possible.

Restraining Orders

A restraining order is issued by a Wyoming District Court and applies to conduct between two or more people. Wyoming courts issue restraining orders to protect someone from abuse by a person with whom they had a close relationship.

Restraining orders often require that the restrained person maintain a certain distance from the protected person. If the restrained person violates those limits, they can be held in contempt of court and could face criminal charges.

A restraining order is a civil matter that cannot be enforced by the police or other law enforcement officers. Someone who believes the terms of a restraining order were violated must file a request to show cause with the court and ask that the person who allegedly violated the terms of the order be held in contempt.

The maximum duration for a restraining order is three months, and it can be extended for an additional three months. The penalty for violating a restraining order is a $750 fine and up to six months in jail.

Protective Orders

A protective order is issued by a criminal court, often to protect victims of crime or people who will testify as witnesses in a criminal case. Prosecutors may request a protective order to protect witnesses or victims of crimes, often in cases involving assault and battery, stalking, sexual abuse, vandalism, or destruction of property. Unlike a restraining order, a protective order can be enforced by law enforcement officers.

The terms of a protective order can vary depending on the circumstances of the investigation. A protective order generally lasts three years or until the defendant is sentenced. In cases that involve domestic violence or sex crimes, a protective order can remain in place for up to ten years while the defendant is in prison.

A protective order takes precedence over a restraining order. If the conditions of the two orders conflict, the terms of the protective order must be followed.

What Should I Do If There is a Protective Order or Restraining Order Against Me?

If a court has issued a protective order or restraining order against you, you should contact our criminal defense team immediately. We can evaluate your situation, and, in many cases, ask the judge to modify the terms of the order to make it as minimally restrictive as possible. In some cases, we can challenge the entire basis for the order.

Having a protective order or restraining order taken out against you does not always mean you will have a criminal record. However, a protective order or restraining order can limit your freedom and prevent you from going to certain places or interacting with certain people. You could face criminal charges if you violate the terms of the order.

Read the order carefully. If you received a restraining order, there is a good chance the person requesting it did so without the assistance of a lawyer. In these cases, it may be easier to defeat the request.

If a court issued a restraining order, there is a good chance you have been or will soon be charged with a crime. You should speak with a member of our team as soon as possible. We can act quickly to minimize the risk of exposure to criminal charges and begin preparing a defense.

How the Criminal Defense Team at Just Criminal Law Can Help

Being named in a protective order or a restraining order is a serious matter that should not be taken lightly. Our criminal defense team can review the terms of the order, gather evidence to refute the allegations, negotiate for the least restrictive terms, and represent you at the hearing on the order and in any criminal cases filed against you.

To learn more and put our expertise to work for you, contact us today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.