Cease & Desist Letter/Order for Harassment/Stalking - How to Stop Harassment

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Introduction: Cease & Desist Letter/Order for Harassment/Stalking - How to Stop Harassment

Please find below a sample Cease and Desist Letter/Order that can be used against a person or cult (ie: Opus Dei) when they are attempting to harass, stalk, pressure, and/or intimidate you. This document can be customized and modified in any way to suit a particular situation to which it is being applied. For example, the local harassment and stalking laws applicable to the country, province or state that you are in should replace the US laws listed below. Please feel free to have your legal counsel review it for further modifications.

When a person is getting aggressive and intimidating and refuses to back down, modify and mail the Cease and Desist letter below to get them to back down. It is key that a copy of the letter is kept along with with a record of delivery. This record is necessary to prove to the police that the person has been served a Cease and Desist Order should the person not back down after the Order has been sent. In the US, the letter can be sent via the US Postal Service's Priority Mail with Delivery Confirmation. Please note that it is suggested that you do not send the Order via Certified Mail/Return Receipt, since the person harassing you may refuse delivery of the Order. However, Priority Mail/Delivery Confirmation does not require a signature and cannot be refused. An alternative way is to send it via FedEx Ground if you are near a FedEx dropoff facility. Be sure to KEEP a copy of the letter and your record of Delivery Confirmation. In addition, you may want to send a copy to the local police precinct, via Delivery Confirmation, to alert them to the harassment you are receiving from certain elements.

Note too that this Order can also be used when an individual, like an ex-boyfriend, ex-girlfriend or co-workers is harassing you and will not leave you alone. It is helpful in establishing an official set of documents that the person was warned that their actions were in violation of criminal laws.

CEASE AND DESIST LETTER/RESTRAINING ORDER

(DATE)

Dear Sir or Madam:

This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me has become unbearable. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form. This letter is to demand that your harassment and intimidation must CEASE AND DESIST immediately. Should you continue to pursue these activities in violation of this CEASE AND DESIST ORDER, we will not hesitate to pursue further legal action against you, including, but not limited to, civil action and/or criminal complaints.

[Insert specific harassment inicidents here. Be sure to include date and place of occurance]

Please note that I have a right to remain free from your intimidating tactics, and we will take the responsibility upon ourselves to protect that right. Note that a copy of this letter and a record of its delivery will be stored. Note too that it is admissible as evidence in a court of law and will be used as such if need be in the future.

This CEASE AND DESIST ORDER demands that you immediately discontinue and do not at any point in the future under any circumstances do the following to me: speak to, contact, pursue, harass, attack, strike, bump into, brush up against, push, tap, grab, hold, threaten, telephone (via cellular or landline), instant message, page, fax, email, follow, stalk, shadow, disturb my peace, keep me under surveillance, gather information about and/or block my movements at home, work, social gatherings or religious functions.

[New York: Note that your behavior is a violation of New York State Penal Law Section 240.25 - Harassment in the First Degree, Section 240.26 - Harassment in the Second Degree, Section 240.30 - Aggravated Harassment in the Second Degree, Section 240.45 - Criminal Nuisance in the Second Degree, Section 120.45 - Stalking in the Fourth Degree, Section 120.50 - Stalking in the Third Degree, Section 120.55 - Stalking in the Second Degree, Section 120.60 - Stalking in the First Degree, Section 135.60 - Coercion in the Second Degree, Section 105.00 - Conspiracy in the Sixth Degree, Section 120.15 - Menacing in the Third Degree.]

[Connecticut: Sec. 53a-181c - 1992, Stalking in the first degree, Sec. 53a-181d - 1992, Stalking in the second degree, Sec. 53a-181e - 1995. Stalking in the third degree, § 53a-182b. Harassment in the first degree, 53a-183. Harassment in the second degree]

[New Jersey: Note that your behavior is a violation of New Jersey Code of Criminal Justice Title 2C:12-10 - Stalking, Title 2C:33-34 - Harassment.]

[Maryland: Note that your behavior is a violation of Maryland State Code Title 3, Subtitle 8, Section 3-802 - Stalking, Section 3-803 - Harassment, Section 3-804 - Misuse of Telephone Facilities, Section 3-805 - Misuse of Electronic Mail, Subtitle 9, Section 3-901 - Visual Surveillance, Section 3-902 - Visual Surveillance with Pruient Intent and Section 3-906 - Divulging Private Communications.]

[Illinois: Note that your behavior is a violation of Illinois Compiled Statutes Chapter 720 ILCS 5/12-7.3 - Stalking, Chapter 720 ILCS 5/12-7.4 - Aggravated Stalking, Chapter 720 ILCS 5/12-7.5 - Cyberstalking, Chapter 720 ILCS 135/1-1 - Harassment by telephone, Chapter 720 ILCS 135/1-2 - Harassment through electronic communications, Chapter 720 ILCS 135/0.01 - 135/2 - Harassing and Obscene Communications Act and Chapter 720 ILCS 135/0.01 Short Title Harassing and Obscene Communications Act.

[Massachusetts: Note that your behavior is a violation of Massachusetts Criminal Statutes Chapter 265:37 - Violations of Constitutional Rights, Chapter 265:43 - Stalking, Chapter 265:43A - Criminal Harassment and Chapter 265:14A - Annoying Telephone Calls]

[In Washington DC: Note that your behavior is a violation of Federal Criminal Statutes 47 USC 223(a)(1)(c) - Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications; District of Columbia Code, Title 22, Section 504 - Threatened Assault in a Menacing Manner; Stalking

[Virginia: Note that your behavior is a violation of the Criminal Code of the Commonwealth of Virginia, 18.2-60.3A - Stalking, Class 1 Misdemeanor and 18.2-60.3B - Stalking, Class 6 Felony.]

[California: Note that your behavior is a violation of the California Penal Code Subsection 646.9 - Stalking and 422 - Punishment for Threats]

[Texas: Note that your behavior is a violation of the Texas Penal Code Subsection 42.072(a)(b)(c) - Stalking and Subsection 42.07(a)(b)(c) - Harassment]

[Federal: Note that your behavior is a violation of US Federal Laws 18 USC Subsection 2265 Full Faith and Credit, 18 USC Subsection 2261A Interstate Stalking, 18 USC Subsection 875(c) Interstate Communications, 47 USC Subsection 223(a)(1)(c) Harassing Telephone Calls in Interstate Communications]

[Interstate Statues: Note that your behavior is a violation of Federal Criminal Statutes 18 USC 2261A - Interstate Stalking and 47 USC 223(a)(1)(c) - Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications]

[Additional US state-by-state anti-stalking laws are available at: State Laws]

Should you willfully choose to continue your current course of action, I will not hesitate to file a complaint with the Police Department for your ongoing violations of the Criminal Laws noted previously.

This letter does not constitute exhaustive statement of my position nor is it a waiver of any of my rights and/or remedies in this and/or any other related matter.

We demand your immediate compliance, and furthermore that you confirm in writing that all violative activity will cease immediately.

Very truly yours,

(NAME)

Sent via Priority Mail/Delivery Confirmation

cc:
- [Your local Police Deparment /local Police Precinct]

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    67 Comments

    You need to be careful with the wording. How can you claim a violation has been committed in the past tense when the person has not been convicted or maybe it doesn't even fit the potential crime and then instruct people to send it to a police department. A person could be found libel for defamation of character.

    A violation of law is a violation when it is committed, not when the person gets charged and/or convicted.

    A violation is an act of doing something that is not allowed by a law according to the Merriam-Webster Dictionary....so no it's not a conviction. The verbiage of telling someone their behavior is in violation of whatever law is not a problem. The problem is when you send it to a third party---public or private (doesn't matter). If you've stretched the truth or attempted to scare them with accusing them of inaccurate violations they may call you out through a civil lawsuit of defamation or even harassment in itself. Just be careful when throwing out accusations and be ready to prove the violation happened. I just wouldn't set myself up for a potential countersuit or a civil suit by courtesy copying the police.

    It won't be a problem because you are stating which laws are broken; and informing law enforcement is only a problem if it is false; it doesn't require conviction.

    That's what I said. If you can't prove it, it will be seen as false. People just need to know a counter suit or civil suit can happen if your claims are false. If you get the police involved then just file a police report.

    Please note that your statements are incorrect. The Cease and Desist Letter does not say that the person has been convicted of any crime. It notes that their *behavior* is in violation of criminal laws. This is not libel. It is noting that their actions are against the law, informing the perpetrator of that fact and alerting the police to that fact as well. A person can be in violation of a law without being convicted. Libel and defamation is only for public declarations. Sending the perpetrator a private letter and a private letter to the police does not qualify as public. Citizens have the absolute right to identify behavior that is violating their rights and request that the person cease contact with them.

    No my statements can be correct. I'm not against someone identifying unacceptable behavior but they better be careful of the criminal/civil accusations they make and sending it to a third party. If a person makes a false accusation through a letter and that same letter is sent the police that can be seen as libel. Libel does not have to be "public declaration". Libel as it pertains to "Published" means that a third party heard or saw the statement -- that is, someone other than the person who made the statement or the person the statement was about. Accusations out of malice sent to police could be seen as libel. I'd just be careful telling people to CC the police department if their accusations could possibly be invalid. They may see themselves accused of defamation and sued.

    Can I give this to my neighbor who is constantly complaining about my dog barking, or when he yells from his window saying "I know you hear me, I see your lights on?". Also, there was a time when my brother was in the driveway about to pull off with his music on, and the neighbor comes to his backyard (which is fenced and faces our driveway), and tells my brother to turn his music down?

    Depends. You may be bothered by his yelling, and he is bothered by your dog barking. You both have the right to quiet enjoyment of your property, but your dog barking can be considered the precipitating act and classified as disturbing the peace. Same thing with the music - everyone shouldn't be able to hear it off your property.

    It is worth a try with regards to him yelling at you from his window. You may want to send a copy to the local police dept as well. It might be best to leave the driveway incident out of it for now.