Legal Definitions - articles of the peace

In English law, articles of the peace refers to a formal legal application made to a court by an individual who believes another specific person poses a credible threat to their personal safety, their family's well-being, or their property.

It is essentially a sworn complaint, presented to a magistrate, detailing the alleged threats and expressing a reasonable fear that the named individual intends to carry them out. If the court is satisfied that there is a genuine and reasonable apprehension of harm, it can order the person making the threats to "keep the peace." This often involves entering into a recognizance, which is a formal promise to the court, sometimes backed by a financial penalty if the promise is broken, to refrain from further threatening or harmful behavior. The purpose of articles of the peace is to prevent anticipated harm rather than to punish past actions.

Here are some examples illustrating how this legal concept might apply:

• Neighbor Dispute: Imagine Sarah has a neighbor, Mark, who has recently become increasingly aggressive. Mark has been shouting threats over their shared fence, saying things like he'll "teach her a lesson" and that her "beautiful garden won't look so good for long." Sarah is genuinely afraid that Mark might physically harm her or damage her property.

  How it illustrates the term: Sarah could apply for articles of the peace. Her sworn complaint would detail Mark's specific verbal threats, demonstrating her reasonable fear for her personal safety and the security of her property. If the court finds her complaint credible, it could order Mark to keep the peace, thereby preventing him from carrying out his threats and providing Sarah with legal protection.

• Former Business Partner: David recently dissolved a business partnership with John due to irreconcilable differences. Since then, John has been sending David anonymous, but clearly identifiable, emails and text messages threatening to "make his life a misery" and hinting at damage to David's car or business premises. David is genuinely concerned for his safety and the security of his assets.

  How it illustrates the term: David could seek articles of the peace against John. His sworn statement would outline the specific threats and his belief that John intends to act on them, targeting David's person or property. The court's intervention would aim to prevent John from escalating his threatening behavior, providing David with a legal remedy to ensure his peace and safety.

• Community Activism: Ms. Chen, a prominent local activist, has received repeated, specific threats from Mr. Jones, an individual who strongly disagrees with her work. Mr. Jones has publicly stated he will "make sure her family pays" for her activism and has been seen loitering near her children's school. Ms. Chen fears for her children's safety and her family's peace of mind.

  How it illustrates the term: Ms. Chen could apply for articles of the peace against Mr. Jones. Her complaint would detail the threats against her family, demonstrating a credible fear for their well-being. The court could then impose conditions on Mr. Jones to prevent him from carrying out these threats, thereby protecting Ms. Chen's family and ensuring their safety.