Peace Bonds

A peace bond is a court order issued by a justice of the peace designed to keep the peace by protecting someone whose person or property has been threatened—but where harm has yet to occur. The peace bond orders the person who threatened to provide a bond payable to the State of Texas. If the person who made the threat commits the threatened offense, then they pay the amount of that bond to the State of Texas.

Someone who was threatened files a peace bond complaint and statement of offense with the justice of the peace in that person’s justice of the peace precinct. Then the justice of the peace will issue an arrest warrant for the accused.

The accused can stay out of jail while waiting for the hearing on the peace bond complaint by providing an appearance bond in which the accused states that they will not commit the offense allegedly threatened against the complaining party’s person or property and that the accused will keep the peace concerning the complaining party and all others until the court hearing happens.

The justice will order the accused not to commit the threatened act and to stay peaceful toward the complaining party and anyone else named in the bond. This order can last for up to one year.

The bond will say that if the accused breaks any of its rules, the justice can take away the bond money and give it to the State of Texas. The justice can also punish the accused for contempt, which can mean a fine, jail time, or both. The accused will also have to pay the court costs.

If the justice decides that the complaint was made without good reason or that no real threat was made, the justice will release the accused and can order the complaining party to pay the court costs instead.

The rules governing peace bonds are in Texas Code of Criminal Procedure Articles 7.01 through 7.10 and 7.13 through 7.18. Also, review this flow chart overview of the peace bond process.

Yes. The accused can be prosecuted for a crime for carrying out the threat against the complaining party’s person or property. As with all crimes, the accused can be prosecuted for any criminal activity they engage in.

See Texas Code of Criminal Procedure 7.13.

A peace bond is just a piece of paper. It may not stop someone who does not care about the rules, losing money, or being arrested. If you get a peace bond, it’s also important to make a safety plan to help protect yourself.

A peace bond can give you some official protection even if what the other person did is not serious enough for a protective order or a criminal charge.

There does not have to be a family, household, or dating relationship between you and the person you’re complaining about.