Free Harassment/Stalking Cease & Desist Example/Sample/Template/Letter/Order

246,228

41

64

Introduction: Free Harassment/Stalking Cease & Desist Example/Sample/Template/Letter/Order

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.]

[United Kingdom: Section 2 Offence: Harassment, Section 2A Offence: Stalking, Protection from Harassment Act of 1997, Crime and Disorder Act of 1998, Section 4A (1)(b)(i): Putting People in Fear of Violence, Section 4A(1)(b)(ii) Offence: Stalking involving fear of violence or serious alarm or distress]

[Canada: Canada Criminal Code, Section 264: Criminal Harassment, Paragraphs 1 and 2]

[Australia: Domestic and Personal Violence Act of 2007 - Section 13: Stalking or intimidation with intent to cause fear of physical or mental harm]

[Germany: German Criminal Code/, Section 238 - Stalking, Paragraph 1/Strafgesetzbuch– StGB,§ 238 - Stalking, Absatz 1]

[France: Criminal Code of the French Republic, Article 222-33 - Sexual Harassment, Article 222-33-2 - Moral Harassment/Code pénal de la République française, Article 222-33 - Harcèlement sexuel, Article 222-33-2 - Harcèlement moral]

[Japan: Japan Penal Code, Law Concerning Regulations Such as Stalking, 2012 Law No. 81, Article 2 - "Tsukimatoi", 2012 Law No. 81, Article 3/日本刑法、ストーカー等の規制に関する法律、平成24年法律第81号、第2条〜「月まとい」、平成24年法律第81号、第3条]

[Italy: Italian Penal Code, Decree Law n. 11/2009 of February 23, 2009, Act #38, Article 612 bis, Persecutory Acts, "stalking"/Italia: codice penale italiano, decreto legge n. 11/2009 del 23 febbraio 2009, legge n. 38, articolo 612 bis, atti di persecuzione, "stalking"]

[Korea: Korean Penal Code, Article 3, Section 1, Section 41: Continuous Harassment;Article 3, Section 1, Section 42: Continuous Sexual Harassment/한국 : 한국 형법 제 3 조 1 항 41 항 : 지속적인 괴롭힘; 제 3 조 1 항 42 항 : 지속적인 성희롱]

[Netherlands: Criminal Law, Article 285b: Harassment/Nederland: Wetboek van Strafrecht, artikel 285b: Intimidatie]

[India: Indian Criminal Code, Section 503: Criminal Intimidation, Section 507: Criminal Intimidation via Anonymous Threatening/Intimidation, Section 504: Intentional Insult with Intent to Provoke Breach of the Peace/भारत: भारतीय आपराधिक संहिता, धारा 503: आपराधिक धमकी, धारा 507: बेनामी धमकी / धमकी के माध्यम से आपराधिक धमकी, धारा 504: शांति भंग करने के इरादे से इरादे का अपमान]

[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]

[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]

Be the First to Share

    Recommendations

    • Made with Math Contest

      Made with Math Contest
    • Unusual Uses Contest

      Unusual Uses Contest
    • Edible Art Challenge

      Edible Art Challenge

    64 Comments

    0
    matt392
    matt392

    Reply 7 years ago on Introduction

    You're welcome. Hope you find it useful.

    0
    Mama-papa7
    Mama-papa7

    Question 1 year ago

    Would anyone happen to have one suitable to use in the UK, please?

    0
    Dnova21
    Dnova21

    Question 2 years ago on Introduction

    If your a victim of a stalker. And your stalker is delusional playing the wounded animal act. Saying they are the victim of you. You get a letter just like this one and you have proof your really the victim. Can your stalker be held accountable for false accusations? Lies? My stalker uses this kind of system to harrass me! What can I do to protect myself from lies? Thank you!

    0
    SabrinaC50
    SabrinaC50

    Question 3 years ago

    Can this letter be used in gangstalking or community mobbing that has been done to me and my family based on slander, defamation, false accusations?

    0
    StinaB
    StinaB

    5 years ago

    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?

    0
    notconvincedgranny
    notconvincedgranny

    Reply 4 years ago

    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.

    0
    matt392
    matt392

    Reply 5 years ago

    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.

    0
    4eyes4you
    4eyes4you

    5 years ago

    I'm not sure who wrote the article and what their authority is, but a lay person cannot slap the word "Order," on something and it be so. A person may send a C&D letter, but only a Judge in a Court of law can approve a valid order. The letter sets up the paper trail so that if/when the recipient violates what the particular behavior noted in the letter, then you can utilize the delivery confirmation accompanied with the continued contact to file a petition with the court and then receive an actual Order. The recipient upon receipt of the original letter is under zero obligation to sign and return the document. It does serve as a strong warning and should be adhered to.

    0
    Summer1015
    Summer1015

    Reply 5 years ago

    You can use it .... And in order to make it stick get it notarized! .... I did against my physco neighbor ....

    0
    4eyes4you
    4eyes4you

    Reply 5 years ago

    Anyone can use it, notarized doesn't make the difference. I simply saying it's not an "Order." Only a Court of Law can issue an order. Notary or not, the most important aspect is sending it certified to ensure the recipient has been provided proper notice. But still yet, that does not qualify as an order. The purpose of the letter is to put the person on notice of their activities. If the person is provided notice and continues to behave in a harrassive manner, it makes obtaining an R.O. that much easier.

    0
    liam.macgready
    liam.macgready

    Reply 4 years ago

    Correct. Notarization is unnecessary. However, I would send it certified mail, delivery confirmation required.

    0
    Summer1015
    Summer1015

    Reply 5 years ago

    It may be different for you because your a civilian .... But seeing I'm military and its notarized ..., it makes more of a difference military does not put up with harassment threats or what not .... It's not tolerated and gets handled in a differently ....

    0
    liam.macgready
    liam.macgready

    Reply 4 years ago

    Absolutely correct re. the letter/order distinction. In fact sending that which can be misunderstood to be a court order is in most if not all jurisdictions an offence in itself.

    0
    matt392
    matt392

    Reply 5 years ago

    If you don't like the title, you don't have to use it.

    0
    4eyes4you
    4eyes4you

    Reply 5 years ago

    Thanks for the feedback. I was respectfully commenting on the fact I do not believe you can entitle it as an Order, as an Order has to be issued by the Court. I say 'authority,' because I do not know if you are bared in a state where this is permissible or considered a legally valid order. Just my understanding. Simply meant to clarify. Thanks.

    0
    4eyes4you
    4eyes4you

    Reply 5 years ago

    *Pardon the grammar and typos, I am unable to edit the comment.

    0
    PaulE35
    PaulE35

    6 years ago

    I will say this, the effects of the laws of which put fear into the people, this by all rights and means of the United States Constitution is legitimate, especially when child support orders are implemented, they threaten people, take their lively hood, to collect a debt, that is not only a threat to the parent but to the child/ren, and it is proven by attorneys that forcing a parent into being a second class citizen benefits them financially by the title IV - D and title IV - E, in which it is aa threat to children and parents by taking away from their social security retirement,

    0
    matt392
    matt392

    Reply 6 years ago

    The Cease and Desist Letter is designed to protect people's rights. Citizens have a right to live their lives free of being harassed, stalked and intimidated by others. Those who would engaged in sociopathic behavior against others need to know it is against the law. Freedom does not give one the right hurt others.