DEFINITION of 'Cease and Desist'. Cease and desist is an order given by a government administrative agency or the courts to stop any suspicious or illegal activities.
This is where an attorney can help. They can write an effective cease and desist letter. An attorney can also give you advice about your claim. Hiring an attorney increases your chance of success. There are many dangers involved with properly writing a cease and desist letter.
A cease and desist order is granted by a court. It serves as a temporary injunction. The party that receives the order must stop what they're doing until a trial can be held. After the trial, a permanent injunction may be ordered.
Cease and desist letters are used for many purposes, but basically they all say the same thing: stop doing what you are doing. The most common acts that prompt the use of such a demand letter include:
Even if the sender demands or “requires” action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.
Whether temporary or permanent, a cease and desist order is legally binding. Such an order is issued by a government agency or court when it has been convinced that there is reason to believe that illegal or harmful activity is taking place.
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
Either way you dice it, these letters can be very scary to a non-lawyer and should be given the utmost respect, at lease until you know for sure whether the claims in the letter are legally valid. That being said, a cease and desist letter has no legal significance.
If you've received a cease and desist letter, follow these four steps: Don't panic. Don't forget the deadline to respond. Don't ignore the letter.
A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.
An individual or entity may ask the court to issue a cease and desist order for any number of reasons. Such an order often serves as a temporary in...
Cease and desist letter templates are available from a variety of online sources. Preparing such a letter is not difficult in most cases. Informati...
Obtaining a cease and desist order involves filing a lawsuit or other court action, requesting that the court order the perpetrator to stop the act...
1. Injunction – A court order preventing an individual or entity from beginning or continuing an action. 2. Libelous – A written or pictorial state...