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Simple English definitions for legal terms
swearing the peace
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A quick definition of swearing the peace:
Swearing the peace is when someone goes to a judge and tells them they are afraid for their safety. The judge can then order the person causing trouble to behave and not hurt anyone. This is called a supplicavit. If the judge doesn't want to do it, a special paper called a supplicavit can be sent from a higher court to make them do it. This helps keep people safe and happy.
A more thorough explanation:
Definition: Swearing the peace is the act of providing evidence to a magistrate that one fears for their own safety. This is done so that the magistrate can order the person causing trouble to keep the peace by issuing a supplicavit. A supplicavit is a writ that obligates a person to be on good behavior for a specified period. It is commonly directed to the justices of the peace who are hesitant to intervene in their judicial capacities.
Example 1: John went to the magistrate and swore the peace against his neighbor who had been threatening him. The magistrate issued a supplicavit, which required John's neighbor to be on good behavior for six months.
Example 2: Mary was being harassed by her ex-boyfriend. She went to the police and swore the peace against him. The police then issued a supplicavit, which required Mary's ex-boyfriend to stay away from her and not contact her for a year.
These examples illustrate how swearing the peace can be used to protect individuals who fear for their safety. By issuing a supplicavit, the magistrate or police can ensure that the person causing trouble is held accountable for their actions and is required to behave appropriately for a specified period of time.