How to Obtain a Cease and Desist Order
There are two types of cease and desist actions that vary in legality 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. A cease and desist letter is a lot less challenging to obtain, while a cease and desist order is issued by the courts.
In this article, we will go through the key differences between the cease and desist order and cease and desist letter, what steps you need to take to obtain a cease and desist order, and how you can get a cease and desist letter instead.
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. The content of a cease and desist order will include the following:
- The illegal or harmful activity that needs to be stopped
- Potential legal violations of the injurious act
- 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 cyber-harassment 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 (during trial) 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 don't want to go to court yet, you have the option of writing a cease and desist letter! 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.
- State a clear reason for sending the letter and what amends you expect.
- 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 with only a few clicks! By using our service, all you have to do is:
1. Search for Defamation Demand Letters on 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?
DoNotPay doesn’t stop at helping you write cease and desist letters. The AI-powered robot lawyer can help you with day-to-day issues such as cancelling subscriptions, creating passport photos, appealing parking tickets, and so much more! Here's what else we offer:
- DMCA protection
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