Section 534.604

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 534

Effective - 28 Aug 2024   

  534.604.  Violation of ex parte order for unlawful occupancy of residential dwelling — arrest, when — penalty. — 1.  When a law enforcement officer has probable cause to believe that a party, against whom an ex parte order under section 534.602 has been entered and who has notice of such order entered, has committed an act in violation of such order, the law enforcement officer shall arrest the offending party-respondent regardless of whether the violation occurred in the presence of the arresting law enforcement officer.

  2.  In an arrest in which a law enforcement officer acted in good faith reliance on this section, the arresting and assisting law enforcement officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.

  3.  A violation of the terms and conditions of an ex parte order under section 534.602 shall be a class A misdemeanor.  For the purposes of this subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an ex parte order under section 534.602 if:

  (1)  The law enforcement officer responding to a call of a violation of an ex parte order under section 534.602 presented a copy of the ex parte order to the respondent; or

  (2)  Notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.

  4.  Nothing in this section shall be interpreted as creating a civil cause of action for damages to enforce the provisions set forth in this section.

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(L. 2024 H.B. 2062)