What is breaching the peace?

If your car is being subject to a repossession that you believe is unlawful because you have filed for bankruptcy protection, you may be tempted to get into an argument with the person who is trying to take your vehicle. You might want to create a scene or start a fuss. Don't. If you behave in a disorderly manner in a public location, you can often be charged with an offense called "breaching the peace."

Breaching the peace stems back to the old English days of law and became a "common law" offense in the United States. This meant that the offense was generally defined by the courts and judges. Today, however, in many states, breaching the peace has become a statutory law and the legislature has passed specific rules against breaching the peace. These rules involve things like disorderly conduct or disturbing the peace. So, creating a huge scene, waking your neighbors up early in the morning and behaving in a loud and disorderly manner that creates chaos or havoc can result in you being subject to criminal charges...not something you want to face when you are already dealing with a bankruptcy.

Instead of taking manners into your own hands during an unlawful repossession, you should contact a lawyer. Your lawyer can help you to explain to the people repossessing your car that bankruptcy provides you with an immediate stay... which means they legally can't repossess the vehicle. If the people actually take your car, your lawyer can help you to take steps within the court system to get the car back.