Please help with Protection orders and divorce

Disclaimer: I am a Wyoming lawyer, but I am not your, or your brother's lawyer. This is a general discussion on legal issues in Wyoming, and NOT legal advice. I advise you and/or your brother to contact a Wyoming lawyer in real life to pose particular questions. If you want to send me a PM I can recommend some lawyers in your brother's particular town.

In Wyoming, there are a couple of type of protective orders. It sounds like your sister-in-law was granted a domestic violence Order of Protection. Generally, a temporary protection order ("TPO") can be entered "ex parte," meaning without your brother being present. They are awarded when there is a risk of imminent harm. After that award, in order for a TPO to become a permanent protective order, there must be a hearing within 72 hours. If the opposing party does not appear, the permanent order is entered by default.

There is a method for overturning the default, but it will almost certainly require the assistance of a lawyer. I know it is spilled milk, but your brother really should have found a way to attend the hearing, because there is not much he can do about his car or serving her with divorce proceedings until he has the protection order set aside.

The flip-side is that, unless he is under a court order to support her, the protection order probably prevents him from contacting her, even to send her money. Discuss that issue with his lawyer. Also, while I do not think a process server, acting at the direction of his attorney, would violate the protection order, he should wait until the default is set aside.

TL:DR - His first priority needs to be entering an appearance and getting the default Protection Order set aside. He should contact a lawyer immediately. Until then, adhere strictly to the terms of the PO. Do not violate it.

/r/legal Thread