Peace Bonds

A Peace Bond is issued in order to prevent offenses from occurring in the future. Justices of the Peace are authorized to order Peace Bonds when an applicant files an affidavit charging that another person has threatened or is about to commit a specific breach of the peace.

In order to issue a Peace Bond, an actual violation of Louisiana law must be potentially demonstrated. Breach of peace complaints are limited to offenses not yet committed.

An applicant for a Peace Bond must file an affidavit charging that the defendant has threatened or is about to commit a specified breach of the peace. A Justice of the Peace may examine under oath the complainant and any witnesses produced. Code of Criminal Procedure Article 27. (This may be utilized to avoid frivolous or unfounded claims.) The Justice of the Peace must conclude that this future act will constitute a specific and actual violation of Louisiana Law.

If the Justice of the Peace is satisfied that there is just cause to fear that the defendant is about to commit the threatened offense, he or she must issue a summons ordering the defendant to appear before him or her at a specified time and date. The Justice of the Peace may issue a warrant of arrest when imminent and serious harm is threatened.

When a defendant appears before the Justice of the Peace, a contradictory hearing to determine the validity of the complaint shall be held immediately either in chambers or in open court. If the Justice of the Peace determines that there is just cause to fear that the defendant is about to commit the threatened offense, he or she may order the defendant to give a peace bond. Otherwise, he or she shall discharge the defendant.

The Peace Bond must be for a specified period, not to exceed six months.

If the defendant fails to give the Peace Bond, he shall be committed to jail. This defendant may not be held longer than five days. The defendant may be discharged by the committing or some other magistrate upon the giving bond as ordered. The committing magistrate may revoke or modify the order for a peace bond.