3-9-102(a)(i);

3-9-102(a)(i);  (iv) The vulnerable adult's spouse, parent or descendant;

(v) A person authorized to make health care decisions for the vulnerable adult;

(vi) A person who would qualify as a presumptive heir of the vulnerable adult;

(vii) A person named as a beneficiary to receive any property, benefit or contractual right on the vulnerable adult's death or as a beneficiary of a trust created by or for the vulnerable adult that has a financial interest in the vulnerable adult's estate;

(viii) The vulnerable adult's caregiver or another person that demonstrates sufficient interest in the vulnerable adult's welfare;

(ix) A person asked to accept the vulnerable adult's power of attorney;

(x) The nursing care facility where the vulnerable adult resides.

CHAPTER 21 - DOMESTIC VIOLENCE PROTECTION

35-21-101. Short title.

This act may be cited as the "Domestic Violence Protection Act".

35-21-102. Definitions.

(a) As used in this act:

(i) "Adult" means a person who is sixteen (16) years of age or older, or legally married;

(ii) "Court" means the circuit court in the county where the 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;

(iii) "Domestic abuse" means the occurrence of one (1) or more of the following acts by a household member but does not include acts of self defense:  (A) Physically abusing, threatening to physically abuse, attempting to cause or causing physical harm or acts which unreasonably restrain the personal liberty of any household member;

(B) Placing a household member in reasonable fear of imminent physical harm; or

(C) Causing a household member to engage involuntarily in sexual activity by force, threat of force or duress.

(iv) "Household member" includes:

(A) Persons married to each other;

(B) Persons living with each other as if married;

(C) Persons formerly married to each other;

(D) Persons formerly living with each other as if married;

(E) Parents and their adult children;

(F) Other adults sharing common living quarters;

(G) Persons who are the parents of a child but who are not living with each other; and

(H) Persons who are in, or have been in, a dating relationship.

(v) "Order of protection" means a court order granted for the protection of victims of domestic abuse;

(vi) "Financial responsibility" means an obligation to pay to a provider service fees and other costs and charges associated with the provision of commercial mobile services;

(vii) "Provider" means a person or entity that provides commercial mobile services as defined in 47 U.S.C. § 332(d);  (viii) "This act" means W.S. 35-21-101 through 35-21- 112.

35-21-103. Petition for order of protection; contents; prerequisites; appointment of an attorney; award of costs and fees; remote appearance at hearings.

(a) The following persons may petition the court under this act by filing a petition with the circuit court clerk for an order of 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.

(b) The petition shall be made under oath or be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.

(c) No petitioner is required to file for annulment, separation or divorce as a prerequisite to obtaining an order of protection nor is a person's right to petition for relief affected by that person's leaving the residence or household to avoid domestic abuse.

(d) No filing fee or other court costs or fees shall be assessed or charged to a petitioner seeking an order of protection under this act.

(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 represent the victim in the action. Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se.

(f) The court shall not deny a petitioner relief requested pursuant to this act solely because of a lapse of time between an act of domestic abuse and the filing of the petition for an order of protection.

(g) It shall not be a bar to filing a petition or receiving an order of protection under this act that:

(i) A criminal or civil order is entered in a case pending against the respondent or between the petitioner and respondent;

(ii) The petitioner has petitioned for or received orders of protection in the past or that the petitioner has withdrawn a petition or asked to have orders rescinded; or

(iii) There is evidence of some domestic abuse on the part of the petitioner.

(h) The court may require the respondent to pay costs and fees incurred in bringing an action pursuant to this act including reasonable attorney's fees whether the attorney is court appointed or retained by petitioner.

(j) For any hearing required or authorized for proceedings under this act, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.

35-21-104. Temporary order of protection; setting hearing.

(a) Upon the filing of a petition for order of protection, the court shall:

(i) Immediately grant an ex parte temporary order of protection if it appears from the specific facts shown by the affidavit or by the petition that there exists a danger of further domestic abuse;  (ii) Cause the temporary order of protection, together with notice of hearing, to be served on the alleged perpetrator of the domestic abuse immediately, either within or outside of this state;

(iii) Hold a hearing on the petition within seventy- two (72) hours after the granting of the temporary order of protection or as soon thereafter as the petition may be heard by the court on the question of continuing the order; or

(iv) If an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two (72) hours after the filing of the petition or as soon thereafter as the petition may be heard by the court.

(b) An order of protection issued under this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may result in further punishment. Orders shall also contain notice that a violation that constitutes the offense of stalking as defined by W.S.