Cease and Desist


Cease and desist generally refers to either a court order or a letter demanding a halt to a specified activity. Cease and desist letters are generally written by an attorney where it is made clear that failure to halt the undesirable activity will result in a lawsuit being filed. If a lawsuit is filed, the plaintiff will usually seek a Temporary Restraining Order (TRO), and if necessary, a Permanent Injunction. A TRO can be filed quickly in order to prevent possible irreparable harm.

Many government administrative agencies have the power to issue cease and desist orders and often use them to stop dangerous activities and to enforce licensing laws. Administrative cease and desist orders usually specify a short period of time allowing the recipient an opportunity to request a formal hearing. If a hearing is not requested by the recipient within the time permitted, the cease and desist order will become permanent. If the recipient fails to comply with the order, the government agency can enforce the order in court.

Cease and desist letters are often written to stop:

Harassment, including stalking;
Slander or libel;
Copyright infringement;
Trademark infringement; and/or
A nuisance

The recipient of a cease and desist letter who is concerned about the intentions of the party making the demand, may file his or her own lawsuit requesting a declaratory judgment setting forth the rights of the parties.

If you are in need of a cease and desist letter, or if you are the recipient of one, please call our office for a no cost initial consultation.






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