This post covers harassment cease and desist letter.
I can feel it! someone has harassed you badly and you look for any effective means to stop him.
I’m not surprised, “digging” and intimidating tactics have become the way of doing things, especially in social networks, employment, or anywhere.
On Oct 26, 2009, someone created a Reddit complaining that His ex created a website and multiple social media accounts in her name, asserting that she has sex for money, is an alcoholic, and despises working at her job (which is all untrue).
In addition to that, she wrote that Her address, personal information, and private photos were all listed on that website and social media accounts.
The ex literally followed everyone she knew on social media, including her employer.
He also anonymously sent “prank” glitter bombs to her office and complained to her licensing board (she is a social worker) that she is an alcoholic and cannot be trusted to work with clients.
If you re interested you can readt the full Reddit here
That was 2009, can you imagine the situation in the 2020s and ahead?
People do not like to see you happy and enjoy your life, they are busy finding ways to cause emotional or physical harm.
How do you handle such a situation?
Through harassment cease and desist letter.
A harassment cease and desist letter is your quick and effective tool for reporting personal attacks, sexual jokes or insults, or false accusations made by another person and demanding that they stop.
Now how do you write effective strongly-worded harassment cease and desist letter?
RELAX! here I will guide you in everything you need to know about that, including;
- what is harassment cease and desist letter?
- why do you need it?
- is the harassment cease and desist letter legally binding?
- Can you sue without a harassment cease and desist letter?
- What if your letter did not work? what should you do?
- Do you need a lawyer for it?
- how to write harassment cease and desist letter
- format of harassment cease and desist letter.
- harassment cease and desist letter template
Let’s get started
- What is a harassment cease and desist letter?
- Why do you need a harassment cease and desist letter?
- Can you sue without a harassment cease and desist letter?
- Is the harassment cease and desist letter legally binding?
- Do you need a lawyer for a harassment cease and desist letter?
- What if your harassment cease and desist letter did not work?
- How to write a harassment cease and desist letter
- Format of Harassment cease and desist letter
- Harassment cease and desist letter template
What is a harassment cease and desist letter?
A harassment cease and desist letter is a brief statement of facts written by an individual in order to report any form of harassment made by another person and to demand that person stop.
If you are the victim of any of the harassment actions listed below, by a coworker, employer, landlord, ex-spouse, neighbor, or other individual or business you should consider sending a harassment cease and desist letter.
- Personal attacks
- sexual jokes
- false accusations
- Invasion of privacy
- Harassing phone calls
Why do you need a harassment cease and desist letter?
A harassment cease and desist letter serves as a formal request that the recipient immediately stops (“cease”) and refrain (“desist”) from harassing you.
It is a fair warning to the harasser that legal action will be taken unless the harassing behavior is immediately stopped.
Therefore A well-written letter can;
- immediately help you stop any harassment.
- If your case goes to court, serve as additional evidence.
- Notify the individual that they are harassing you and you may take action if they do not stop.
NB: If you believe a letter will enrage your harasser, your best option may be to go directly to the courts for a restraining order.
Can you sue without a harassment cease and desist letter?
Yes, you can directly file your case without a harassment cease and desist letter.
Generally, civil suits do not need this letter to proceed, but it is extremely helpful.
A harassment cease and desist letter can kickstart efforts to resolve the matter without going to court, which not only saves time but also money in terms of legal counsel and court fees.
Furthermore, harassment cease and desist letter is the first formal step in notifying the violator that they are doing something wrong. It is difficult to sue someone for something they did not realize was wrong.
Is the harassment cease and desist letter legally binding?
No, the harassment cease and desist letter is not legally binding, and does not have any legal force beyond your threat of future legal action.
Because it lacks legal authority, the police will be unable to enforce your letter.
If your harasser becomes more aggressive in response, you may need to seek a restraining order or report criminal violations to the police.
Do you need a lawyer for a harassment cease and desist letter?
Although it is possible to write and send the letter by yourself or just use the template that I will share with you soon in this post, it is always a good idea to consult with a lawyer before sending your letter to understand the risks and explore possible options.
Sometimes your case may need to meet certain needs to make it more effective, for example, the use of specific language, the time limitation to send your letter, etc.
Therefore, having your letter reviewed by an attorney is a wise decision because it will give you confidence that you’re on solid ground if you need to negotiate a compromise or proceed with the threatened legal action.
What if your harassment cease and desist letter did not work?
If your harassment cease and desist letter is ignored or worsens the situation, you will almost certainly need to take the following legal action.
- Report any criminal violations to the police.
- You may request a binding cease and desist order from the court.
- You may apply to the court for a restraining order to prevent the other party from harassing you.
- You may also seek monetary compensation.
How to write a harassment cease and desist letter
The cease and desist letter for harassment is written in business letter format. Begin your letter with your address and contact information, followed by a date and the recipient’s address, and indicate that you are writing to order the recipient to stop harassing you before you seek legal recourse. Sign off with “Sincerely,” then your name and signature.
REMEMBER! The primary goal of your harassment cease and desist letter is to request the recipient immediately stop (“cease”) and refrain (“desist”) from harassing you.
So, in order to write an effective cease and desist letter for harassment, do the following;
- Include your name and contact information
- Include the date of the letter
- Include the recipient’s address
- Clearly states that you want him to stop harassing you
- Provide the details of actions or scenarios you are clamming about
- Explain what will happens if he fails to heed your letter
- Clearly specify the time you will wait before taking further action.
- Maintain a professional tone
- Be honest
another useful tip
- Send the letter by certified mail so you have a record that it has been sent.
Format of Harassment cease and desist letter
The format for your Harassment cease and desist letter is as follows:
- Your Address
- recipient’s address
- Subject line
- [opening paragraph]- A statement that you want him to stop harassing you
- [body paragraphs]- details of the harassment, the applicable law violated, etc.
- [closing paragraphs] – provide the time to act, explain what next if he will not heed your letter
- name and signature
Harassment cease and desist letter template
City, State, Zip Code
[Recipient’s Street Address]
[Recipient’s City, State, and Zip Code]
RE: Cease and desist from [stalking/harassing/etc.]
Dear [Perpetrator’s name]
This is a CEASE AND DESIST letter to notify you that your harassing and intimidating actions against me have become intolerable. Such antisocial behavior is completely unacceptable and will not be tolerated in any way.
[Insert specific instances of harassment here. Make sure to include the date and location of the incident]
This letter is to demand that your harassment and intimidation STOP RIGHT NOW as they are in violation of the law of [insert specific law breached for example California Penal Code Subsection 646.9 – Stalking and 422 – Punishment for Threats-optional]. If you continue to engage in these activities in violation of this CEASE AND DESIST letter, I will not hesitate to take additional legal action against you, including civil action and/or criminal complaints.
Please keep in mind that I have a right to be free of your intimidating tactics, and I will do everything I can to protect that right. It should be noted that a copy of this letter, as well as a record of its delivery, will be kept and used as evidence in a court of law in the future if necessary.
We demand immediate compliance, as well as written confirmation that all violative activity will cease immediately.
Take note that if you fail, neglect, ignore, disregard, overlook, or otherwise refuse to respond to this letter and its contents within 7 (seven) days of its service, rigorous legal proceedings will be initiated against you at your own risk and expense, as well as any subsequent costs incurred.
NB: This letter is not an exhaustive statement of my position, nor does it constitute a waiver of any of my rights or remedies in this or any other related matter.
BE INFORMED, WARNED, AND CAUTIONED ACCORDINGLY