Bill No.: HB0080                  Drafter:  JHR

LSO No.:  11LSO-0361              Effective Date:  7/1/2011

Enrolled Act No.:  HEA0035

Chapter No.:       108

Prime Sponsor:     Representative Davison

Catch Title:       Service of process in family violence and stalking cases.

Subject:  Protection orders in stalking cases.

Summary/Major Elements:

● The act deals with the notice of a hearing for a person who is accused of stalking another person.

● Under the present law, a victim of stalking can request a protection order from a court. A hearing must be held within 72 hours of the request.

● Currently, the person accused of stalking must be notified that he must appear at the hearing.  The court notifies the accused by serving him with an order to appear at the hearing and with a petition detailing the basis for the stalking claim.

● The act adds a new requirement to the notice given by the court.  The act requires that the court give the person accused of stalking a notice to appear at the hearing even if the person is outside of Wyoming.

● Under current law, the court may also issue a temporary order to prevent the person from stalking.  The act adds a new requirement that the accused be given notice of the temporary order even if the person is outside of Wyoming.