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Folks,
I am a licensed attorney in New Jersey. I am posting the information below as an educational service. It is not intended to advise any particular person's circumstance, but merely serves as a summary of one legal remedy available to you.
A Cease and Desist Order establishes an official record that the person was warned that their actions were in violation of criminal laws. It can be customized and modified in any way to suit your particular situation. Have your legal counsel review it for further modifications.
It is critical that a copy of the letter is kept along 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. You should not send the Order via Certified Mail/Return Receipt, since the recipient will be instructed to refuse delivery of the Order. Priority Mail/Delivery Confirmation does not require a signature and cannot be refused. 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 Certified Mail, to alert them to the harassment you are receiving.
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CEASE AND DESIST ORDER
(DATE)
Dear Sir:
This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me have 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 information gathering, harassment and intimidation must CEASE AND DESIST immediately. Should you continue to pursue these activities in violation of this CEASE AND DESIST ORDER, I will not hesitate to pursue further legal action against you, including, but not limited to, civil action and/or criminal complaints.
I have a right to remain free from your intimidation and harassment, and I will take the responsibility upon myself to protect that right. Note that a copy of this letter and a record of its delivery are retained in my files. These documents are admissible as evidence in a court of law and will be used as such if need be in the future.
Insert specific harassment incidents here. Be sure to include date and place of each occurrence
Note that your behavior is a violation of the following laws:
New York State Penal Law § 240.26 - Harassment in the Second Degree;
New York State Penal Law § 240.30 - Aggravated Harassment in the Second Degree;
New York State Penal Law § 120.45 - Stalking in the Fourth Degree;
New York State Penal Law § 120.50 - Stalking in the Third Degree;
Federal Law 18 USC 875(d) - Interstate Communications; and
Federal Law 47 USC 223(a)(1)(c) - Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications.
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, verbally attack, threaten, telephone (via cellular or landline), instant message, disturb my peace, keep me under surveillance, gather information about and/or block my activities at home, work, and/or social gatherings.
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 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.
I 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 Department /local Police Precinct]
I am a licensed attorney in New Jersey. I am posting the information below as an educational service. It is not intended to advise any particular person's circumstance, but merely serves as a summary of one legal remedy available to you.
A Cease and Desist Order establishes an official record that the person was warned that their actions were in violation of criminal laws. It can be customized and modified in any way to suit your particular situation. Have your legal counsel review it for further modifications.
It is critical that a copy of the letter is kept along 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. You should not send the Order via Certified Mail/Return Receipt, since the recipient will be instructed to refuse delivery of the Order. Priority Mail/Delivery Confirmation does not require a signature and cannot be refused. 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 Certified Mail, to alert them to the harassment you are receiving.
= = = =
CEASE AND DESIST ORDER
(DATE)
Dear Sir:
This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me have 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 information gathering, harassment and intimidation must CEASE AND DESIST immediately. Should you continue to pursue these activities in violation of this CEASE AND DESIST ORDER, I will not hesitate to pursue further legal action against you, including, but not limited to, civil action and/or criminal complaints.
I have a right to remain free from your intimidation and harassment, and I will take the responsibility upon myself to protect that right. Note that a copy of this letter and a record of its delivery are retained in my files. These documents are admissible as evidence in a court of law and will be used as such if need be in the future.
Insert specific harassment incidents here. Be sure to include date and place of each occurrence
Note that your behavior is a violation of the following laws:
New York State Penal Law § 240.26 - Harassment in the Second Degree;
New York State Penal Law § 240.30 - Aggravated Harassment in the Second Degree;
New York State Penal Law § 120.45 - Stalking in the Fourth Degree;
New York State Penal Law § 120.50 - Stalking in the Third Degree;
Federal Law 18 USC 875(d) - Interstate Communications; and
Federal Law 47 USC 223(a)(1)(c) - Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications.
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, verbally attack, threaten, telephone (via cellular or landline), instant message, disturb my peace, keep me under surveillance, gather information about and/or block my activities at home, work, and/or social gatherings.
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 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.
I 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 Department /local Police Precinct]