Visit Our
Family Law Site
Click Here
Stop Harassment with a Cease and Desist Letter
Harassment can come in many forms, whether it’s through unwanted phone calls, emails, or even physical confrontations. Whatever the method of harassment, it can leave you feeling overwhelmed and helpless. However, there is a solution to put a stop to harassment: a cease and desist letter. What is a Cease and Desist Letter? A cease […]
Stop Harassment with a Cease and Desist Letter
Harassment can come in many forms, whether it’s through unwanted phone calls, emails, or even physical confrontations. Whatever the method of harassment, it can leave you feeling overwhelmed and helpless. However, there is a solution to put a stop to harassment: a cease and desist letter.
What is a Cease and Desist Letter?
A cease and desist letter is a formal written demand to stop harassing behaviour. It serves as a warning that if the harassment continues, legal action may be taken. The letter is usually sent by a lawyer, but it can also be sent by the victim of harassment.
What is the Purpose of a Cease and Desist Letter?
The purpose of a cease and desist letter is to put an end to the harassment by making the harasser aware that their behaviour is unacceptable and that they face legal consequences if they continue. The letter serves as a formal request for the harasser to stop their behaviour, and it can also serve as evidence in court if the harassment continues.
What Should a Cease and Desist Letter Include?
A cease and desist letter should include the following information:
- The name and contact information of the person being harassed
- A description of the harassing behaviour
- A demand to stop the harassing behaviour
- A warning that if the harassment continues, legal action may be taken
- The date and signature of the person sending the letter
Does a Cease and Desist Letter Actually Stop Harassment?
A cease and desist letter for harassment is not a court order, and on its own, police cannot enforce it. So why do lawyers send them constantly? Because in practice, a well-drafted letter often works, just not in the way most people assume.
What it actually does:
- Puts the harasser on formal, dated notice that their conduct is unlawful and is being documented
- Creates a paper trail you can later show to the police or a court
- Often prompts voluntary compliance, since most harassers stop once they realise there’s a real record and a credible legal consequence attached
- Strengthens any future protection order application, because it proves you took reasonable steps before escalating
What it doesn’t do:
- It cannot force compliance; there’s no automatic penalty for ignoring it
- It’s unlikely to stop someone who is determined, anonymous, or in the middle of a mental health crisis from driving the behaviour
- It isn’t a substitute for police involvement if you’re in physical danger
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
How to Write a Cease and Desist Letter
Writing a cease and desist letter can be a challenging task, but it is important to take the time to do it properly.
Here are some tips to help you write an effective cease and desist letter:
- Keep it professional and concise
- Be clear and specific about the harassing behaviour
- Demand that the harassment stop immediately
- Provide evidence of the harassment, if possible
- Keep a copy of the letter for your records
When to Send a Cease and Desist Letter
It is best to send a cease and desist letter as soon as you become aware of the harassing behaviour. This will give the harasser a clear understanding that their behaviour is unacceptable and that they must stop. If the harassment continues after the letter has been sent, it may be necessary to take legal action.
Harassment can be a stressful and overwhelming experience, but a cease and desist letter can be a powerful tool to put an end to it. By sending a clear and professional demand to stop the harassing behaviour, you can take control of the situation and protect yourself from further harm.
Cease and Desist Letters and Harassment Laws Across Australia: State-by-State Breakdown
Harassment and stalking are defined and prosecuted differently in every Australian state and territory. This affects how much weight a cease and desist letter carries locally, and what your next legal step would be if it’s ignored.
| State/Territory | Relevant Offence & Legislation | Protection/Restraining Order |
|---|---|---|
| Queensland | Stalking, intimidation, harassment and abuse Criminal Code 1899 (Qld) ss 359A–359E. Up to 5 years’ imprisonment (7 if aggravated) | Protection Order (Domestic and Family Violence Protection Act 2008) or Peace and Good Behaviour Order for non-domestic cases |
| New South Wales | Stalking or intimidation Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 | Apprehended Violence Order (AVO) / Apprehended Personal Violence Order (APVO) |
| Victoria | Stalking Crimes Act 1958 (Vic) s 21A | Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO) |
| South Australia | Stalking and harassment Criminal Law Consolidation Act 1935 (SA) s 19AA. Up to 3 years (5 if aggravated) | Intervention Order |
| Western Australia | Stalking Criminal Code (WA) s 338E. Up to 3 years (8 if aggravated) | Violence Restraining Order (VRO) or Misconduct Restraining Order (MRO) |
| Tasmania | Stalking Criminal Code Act 1924 (Tas) s 192 | Family Violence Order or Restraint Order |
| ACT | Stalking with intent to cause fear, harm or harassment, Crimes Act 1900 (ACT) s 35. Up to 5 years (7 if aggravated) | Personal Protection Order |
| Northern Territory | Unlawful stalking Criminal Code Act 1983 (NT) s 189. Up to 2 years (5 if aggravated) | Domestic Violence Order/restraining order |
How Much Does a Cease and Desist Letter Cost?
Cost depends mainly on who drafts the letter and how complex the situation is:
- DIY (using a template): $0, but carries the most risk. A poorly worded letter is easy to ignore, and inaccurate allegations could expose you to a defamation risk.
- Solicitor-drafted, straightforward matter: roughly $300-$1,500 (plus GST), typically covering a review of your evidence and a formal letter on law firm letterhead.
- Complex or urgent matters (multiple incidents, additional legal issues, tight deadlines): $1,500-$3,000+ (plus GST).
FAQs on Cease and Desist Letter for Harassment
Who can send a cease and desist letter?
A cease and desist letter can be sent by a lawyer or by the person who is being harassed.
How long does it take for a cease and desist letter to take effect?
The effect of a cease and desist letter can vary, but it usually takes several days to a few weeks for the harassing behaviour to stop.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
What happens if the harasser does not stop after a cease and desist letter is sent?
If the harasser does not stop after a cease and desist letter is sent, it may be necessary to take legal action.
Is a cease and desist letter legally binding?
A cease and desist letter is not legally binding, but it can serve as evidence in court if legal action is taken.
Can a cease and desist letter be used in criminal cases?
A cease and desist letter is typically used in civil cases, but it can also be used in some criminal cases. For example, if the harassment involves threats of violence, the victim can provide a copy of the cease and desist letter to law enforcement as evidence. In these cases, it is important to consult with an attorney to determine the best course of action.
In conclusion, a cease and desist letter can be a powerful tool in stopping harassment and protecting yourself from further harm. It is important to follow the guidelines outlined above to ensure that your letter is clear, concise, and effective. If the harassing behaviour continues, seeking legal assistance is recommended to take the necessary steps to protect your rights and seek justice.
Find Brisbane Criminal lawyers on Google Maps near you.
You may also like to know more information about the related article:
- Cease and Desist Letter in Australia: Everything You Need to Know
- What You Need To Know About Cease & Desist Letter
- What is a Cease and Desist Letter in Australia?
Was this article helpful?
YesNo
SHARE THIS