Peace Bonds

A Peace Bond is a legal order designed to prevent a future breach of the peace. Unlike a criminal prosecution which punishes past conduct, a peace bond looks forward to prevent threatened harm. It requires a defendant to pledge security (money or property) that they will keep the peace for a specified period.

When to Request a Peace Bond

A person may apply for a peace bond when they have just cause to fear that another person is about to commit an offense against their person or property.

Requirements:

• There must be a specific threat of a future breach of the peace.
• The fear must be reasonable and based on actual conduct or threats.
• It is not for general neighborhood disputes or past grievances, but for preventing future harm.

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The Application Process

1. Filing the Affidavit

The complaining party (complainant) must file a sworn affidavit with the Justice of the Peace detailing the specific facts that justify their fear. The affidavit must allege that the defendant has threatened to commit an offense or that the complainant has just cause to fear such an offense.

Cost: The law requires the applicant to advance costs, typically $15.00, unless they are indigent.

2. Preliminary Review

The Justice of the Peace reviews the affidavit and may examine the complainant and witnesses under oath. If the JP determines the application is frivolous or lacks just cause, it may be dismissed immediately.

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Issuance of Summons or Warrant

If the Justice of the Peace finds just cause exists, they will order the defendant to appear.

• Summons: Typically, the court issues a summons ordering the defendant to appear for a hearing.
• Warrant: If the affidavit shows that a breach of the peace is imminent and serious, the court may issue a warrant for the defendant’s arrest to bring them before the court immediately.

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The Hearing

A contradictory hearing is held where both sides can present evidence.

• Complainant’s Burden: The person requesting the peace bond must prove that there is just cause to fear a breach of the peace.
• Defendant’s Rights: The defendant has the right to be present, cross-examine witnesses, and present their own evidence.

Outcomes:

• Dismissal: If the JP finds the fear is not well-founded, the application is dismissed. The costs are usually assessed to the applicant.
• Order to Give Security: If the JP finds just cause, they will order the defendant to give a peace bond.

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The Bond Order

If a peace bond is ordered, the judgment will specify:

1. Amount: The sum of money the defendant must post as security (typically up to $1,000).
2. Duration: How long the bond remains in effect (Maximum 6 months).
3. Condition: That the defendant shall keep the peace and be of good behavior.

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Domestic Abuse & Dating Violence

If the peace bond is issued to prevent domestic abuse or dating violence, specific reporting requirements apply.

RS 46:2135

Louisiana Protective Order Registry (LPOR): The Justice of the Peace must:

1. Prepare and sign a Uniform Abuse Prevention Order.
2. Immediately transmit it to the Louisiana Supreme Court’s Judicial Administrator’s Office (via fax or electronic input) — no later than the end of the next business day.
3. Send a copy to the sheriff of the parish where the protected person resides.

RS 46:2136.2

Failure to Give Bond

If the defendant is ordered to give a peace bond and fails or refuses to do so (i.e., cannot post the money or security), the court may commit them to jail.

Jail Limit: A defendant committed for failure to give a peace bond cannot be held for more than five days.

If the defendant gives the bond later, they must be released immediately.

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Breach of the Bond

If the defendant commits a breach of the peace while the bond is in effect:

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1. The bond may be forfeited (the money is collected by the state).
2. The defendant may face new criminal charges for the act itself.