Peace Warrant Law & Legal Definition

When a person complains in writing and under oath that he or she has just cause to believe that another individual will commit an offense against the person or property of the complainant, the court or mayor can issue a warrant to the sheriff or other peace officer commanding the officer or sheriff to arrest or take the individual against whom the complaint is made before court to answer or respond to that complaint. Such a warrant is called a peace warrant or warrant for peace. Some jurisdictions have specific laws regarding this.

Example of a state statute on Peace Warrant.

ORC Ann. 2933.02. Complaint to keep the peace

When a complaint is made in writing and upon oath, filed with a municipal or county court or a mayor sitting as the judge of a mayor's court, and states that the complainant has just cause to fear and fears that another individual will commit an offense against the person or property of the complainant or his ward or child, a municipal or county court judge or mayor shall issue to the sheriff or to any other appropriate peace officer, as defined in section 2935.01 of the Revised Code, within the territorial jurisdiction of the court, a warrant in the name of the state that commands him forthwith to arrest and take the individual complained of before the court to answer the complaint.

ORC Ann. 2933.03 Form of warrant to keep the peace

Warrants issued under section 2933.02 of the Revised Code shall be substantially in the following form:

The state of Ohio, ...... County, ss:

To the sheriff or other appropriate peace officer, greeting:

Whereas, a complaint has been filed by one C. D., in writing and upon oath, stating that he has just cause to fear and does fear that one E. F. will (here state the threatened injury or violence according to the fact as sworn to).

These are therefore to command you to forthwith arrest E. F. and bring him before this court to show cause why he should not find surety to keep the peace and be of good behavior toward the citizens of the state generally, and C. D. especially, and for his appearance before the proper court.

Given under my hand, this ...... day of...

A. B., Judge,..........................................County Court;

Judge,.............................................Municipal Court;

Mayor,.................................................Mayor's Court