How to Obtain a Cease and Desist Order?
There are two types of cease and desist actions that vary in legal bearing and require different levels of compliance. One of them is a cease and desist order, which is more suitable for claims that are higher in severity and require immediate action. Although a cease and desist letter is a lot less challenging to obtain, issuing a cease and desist order will require a court order from the judge.
In this article, we will go through the key differences between the cease and desist order and cease and desist letter, and what steps you need to obtain a cease and desist order.
What is a Cease and Desist Order?
A cease and desist order is issued by an administrative agency that demands the recipient to stop engaging in certain acts. This document is used in labor and employment disputes, security law, education administration, and other areas of the law. In most cases, an administrative judge will decide whether to issue a cease and desist order or not. There are two types of cease and desist orders:
- Summary cease and desist order – This is issued before a judicial proceeding or a hearing.
- Final cease and desist order – The order becomes a final cease and desist order when the recipient of the summary order fails to request a hearing before a certain period.
Contents of a Cease and Desist Order
The first step to obtaining a cease and desist order is to file a lawsuit with the court. After that, the recipient will have the opportunity to respond. The court will then make the decision based on the facts presented by both sides. Take note to ensure that you have legal grounds to pursue a lawsuit before you send a cease and desist order. The content of a cease and desist order should include the following:
- The illegal or harmful activity that needs to be stopped
- Potential legal violations of the injurious act
- A warning that non-compliance to the requests of the order will result in legal action
- A sworn statement of waiving of current and future rights to sue depending on prior misconduct
Cease and Desist Order vs Cease and Desist Letter
The cease and desist order is not to be confused with the cease and desist letter. There are significant differences between the two. Although they vary in legal weight and the required response, both can be used in situations such as defamation (libel and slander), copyright infringement, breach of contract, debt collection services, or harassment. Also, orders are more suitable if you require immediate action for severe cases with more damages such as cyberharassment or online defamation. Here are the key differences between the two:
|Aspect||Cease and desist letter||Cease and desist order|
|Other names||Demand letter||Injunction or restraining order|
|Sender/issuing body||Individual or a lawyer on behalf of the client||A government agency or a court|
|Purpose||Serves a warning to the recipient but does not have direct legal consequences||Includes a statement on the legal consequences that follow in case of non-compliance i.e. fines or imprisonment|
|Can it be legally enforced?||No||Yes|
Should You Write a Defamation Cease and Desist Letter?
If you believe that a cease and desist order is not suitable for your claim and want to send a cease and desist letter instead, you can start drafting with available cease and desist letter templates online. Sending the letter can be a proper first step to resolving the dispute or in finding out if there are legal rights violated. If you decide to draft a cease and desist letter on your own, there are some considerations that you need to take such as:
- Be mindful of the tone of the letter so that it is not too assaultive but not too soft either.
- Avoid making empty threats that you may not be able to move forward with.
- State a clear reason for the sending of the letter and what you expect to be the result by doing so.
- Use legally sound language and include federal laws and references to strengthen your letter.
DoNotPay Can Draw Up A Defamation Cease and Desist Letter for You in Minutes!
To ensure the proper tone and technical accuracy of a cease and desist letter, it is recommended to have a legal expert help with the drafting or review. However, this also comes with prohibitively expensive fees. That is where DoNotPay can help. We are the world’s first robot lawyer and we can help you draft a cease and desist letter only with a few clicks. By using our app, all you have to do is:
1. Search Defamation on DoNotPay.
2. Tell us about your situation, including whether the statements were libel or slander, listing the statements that were made, explaining why they are false or misleading, and what consequences you have suffered as a result.
3. Based on your location, DoNotPay will generate a formal demand letter on your behalf with the most relevant state legislation regarding defamation.
That’s it! Just fill in with your personal details and your letter is ready to send in mere minutes.
What Else Can DoNotPay Do?
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