Cal. Civ. Code § 534.604
Violation of ex parte order for unlawful occupancy of residential dwelling — arrest, when — penalty
Operative Text
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.
Missouri Revised Statutes § 534.604 establishes the enforcement mechanism for ex parte orders issued under § 534.602 that address unlawful occupancy of a residential dwelling. When a law enforcement officer has probable cause to believe a respondent — who has been notified of such an order — has violated its terms, the officer is required to make an arrest even if the violation did not occur in the officer's presence. Violating the terms of such an ex parte order constitutes a class A misdemeanor under Missouri law, and notice of the order can be established through actual service, a copy presented by an officer at the scene, or any communication reasonably likely to inform the respondent.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 534.604, landlords or property owners who have obtained an ex parte order under § 534.602 should understand that law enforcement is mandated to arrest a respondent who violates that order once probable cause exists and notice has been established. Operators who have secured such an order generally keep copies accessible so that responding officers can present them to a respondent at the scene, which satisfies the notice requirement under the statute. Because § 534.604 explicitly states it does not create a private civil cause of action for damages, property owners typically rely on the criminal enforcement mechanism — and any related civil remedies available elsewhere — rather than this section alone to address ongoing violations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 534.604 is primarily directed at respondents subject to ex parte orders under § 534.602, making it important for anyone named in such an order to understand that a violation can result in mandatory arrest and a class A misdemeanor charge. The statute defines notice broadly — it can be established not only through formal service of the order but also through a copy shown by an officer or any communication reasonably likely to convey the order's existence. Individuals who believe an ex parte order was improperly issued or that they have been wrongly accused of a violation may wish to consult a tenant-rights organization or legal aid provider familiar with Missouri housing law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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