455.085. Arrest for violation of order — penalties — good faith immunity for law enforcement officials.
Explains when police must arrest someone for breaking a protection order
This law tells officers when they must arrest someone who violates a protection order, outlines penalties for those violations, and protects officers from lawsuits when they act in good faith.
1. Police can arrest someone for domestic violence—even if they didn’t see it happen—if they have probable cause. If they don’t arrest the person, they must write a full report. If the police return to the same place within 12 hours and the same person is accused again, the officer must arrest them. The first report can be used as evidence of intent. Victims don’t have to sign a complaint for police to act.
2. If someone breaks a protection order and police believe it, they must arrest the person—even if they didn’t witness it. Victims don’t have to press charges for an arrest to happen.
3. Officers don’t have to arrest both people in a fight. They should arrest the “primary physical aggressor”—the person who caused the most harm. Officers should consider:
- The law’s goal of protecting victims
- Who had more serious injuries or made stronger threats
- Any past history of abuse
Police can’t threaten to arrest everyone just to make the situation go away. Each complaint must be looked at individually.
4. If officers act in good faith under this law, they (and their departments) can’t be sued for things like false arrest or malicious prosecution.
5. If someone doesn’t hand over children as ordered in a protection order, police must arrest them and give the children to the person awarded custody.
6. People arrested under this law must be treated the same as anyone else in custody, including their rights.
7. Breaking an ex parte order (temporary protection) by doing things like abuse, stalking, entering a home or school, or contacting the victim:
- Is a class A misdemeanor
- Becomes a class E felony if they were found guilty or pleaded guilty to a similar violation in the past 5 years
- The court—not the jury—decides the punishment if a prior violation is proven beyond a reasonable doubt
8. Breaking a full protection order has the same penalties and rules. A person is considered to have “notice” of the order if:
- A police officer gave them a copy, or
- They were otherwise clearly told about the order
9. Trying to reconcile or fix a marriage is not considered tampering with a witness or victim under Missouri law.
10. This law doesn’t allow people to sue someone just for violating these rules—it’s not a private lawsuit law.
Contact us online or call (314) 900-HELP to talk with a Missouri domestic violence defense lawyer.
