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About Peace Bonds
A Peace Bond is issued by a Magistrate and requires an individual (who is not a household or family member) to post a bond conditioned that the individual will not commit a specific act of harm for a period of one year. The individual must post either a surety bond or a cash bond for one year (in the amount set by the judge after a hearing), or go to jail for one year or until adequate bond is posted.
You must prove there is a just reason to believe that the offense was intended to be committed or that the threat was seriously made. A rash statement about a third person made during a quarrel, or bragging about not being afraid of someone are not considered serious threats. Abusive language and bragging by a drunk are not considered serious threats. A rash threat resulting from an outburst of temper in the heat of passion or rash statements provoked during an angry altercation are not considered serious threats.
Obtain a Peace Bond
To obtain a Peace Bond, go to the Justice of the Peace Office located at:
5533 FM 423, STE 901
Frisco, Texas 75034-8975
You will need to take identifying information on the offending individual, such as name, address, work address, date of birth, social security number, and driver's license number. You will complete an affidavit and need to be very specific with the information. Make reference to dates, locations, and specific language used in the threats. Do not be afraid to write a curse word in its entirety in the affidavit. Include in the affidavit your personal fears for yourself, your family or your property. Be sure to list names, addresses and phone numbers of witnesses who will testify. Sign the affidavit before the Court Clerk, Notary Public, or the Judge. Do not ask to speak to the Judge. The Judge is unable to hear the case if you have spoken to them prior to the hearing.
Process & Court Appearances
Based only on your affidavit the Judge may issue a warrant for the immediate arrest of the offending individual. Most likely the individual will be summoned to the Court within a few days. You will not need to be there at that time. At the first court date the offending individual will be advised of the complaint against them, the possible penalties involved and their right to counsel. An appearance bond may be set to insure their appearance at a subsequent court date, conditioned that they not accost you or your property pending the hearing. You will receive notice of a priority court date usually within ten days. The accused is not entitled to a jury trail. Call your witness and advise them of the court date and bring them to court with you. You may bring your own attorney or an Assistant District Attorney will appear. You and your witnesses will be asked to testify under oath and will be subject to cross-examination by the alleged offender or their attorney.
There are no guarantees that the Court will find a bond should be set or that the accused will be jailed. Be aware that the possibility exists that even if an individual is jailed for failing to post adequate bond, they may be freed by a higher court.