Cease And Desist Letter For Harassment: Key Elements (2026)
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Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Civil harassment is a pattern of tormenting or threatening conduct
- Sending a cease and desist letter gives notice to your harasser
- A cease and desist letter for harassment can also overcome some defenses
Harassment can have many meanings within the law. Some states criminalize harassment through statutes that prohibit people from making threats and stalking others. State and federal employment laws prohibit harassment of workers based on a protected characteristic, such as race, religion or sex.
Harassment can also constitute a tort. As such, the harasser may be liable to their victim if the harassment constitutes intentional or negligent infliction of emotional distress. In this context, sending a cease and desist letter for harassment can provide valuable evidence of your claim and counteract the harasser’s possible defenses.
Understanding a Harassment Cease and Desist Letter
All cease and desist letters are meant to give the recipient notice of the sender’s legal claims. The letter will often outline the grounds for the harassment case and demand that the harasser’s conduct stop.
When and Why to Send This Letter
You should consider sending a cease and desist letter for harassment when you want the actions to stop, and you are willing to take legal action to force it to end. When you send a cease and desist letter, you accomplish three goals.
First, the letter informs the harasser of the nature of their actions. Up to this point, a harasser might legitimately believe that their behavior is good-humored. The letter informs them that their conduct is unacceptable.
Second, a letter may be an essential element of the claim. An intentional infliction of emotional distress claim requires proof that the harasser intentionally or recklessly engaged in outrageous conduct. If the harassment continues after a cease and desist letter, the victim has evidence that the acts were deliberate.
Third, a letter can overcome a consent defense. Specifically, the harasser might argue that the victim went along with the alleged harassment. A cease and desist letter proves that the harasser lacked their consent.
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Key Elements to Include
A cease and desist letter should include the following elements:
- A description of the harassment
- A statement that the conduct violates the law
- A demand to stop the conduct
- A warning about the consequences of continuing
You might also request confirmation or state that a failure to respond will be deemed acceptance.
Steps to Draft and Send the Letter
When you draft a harassment cease and desist letter, include the following:
- Document the harassment with photos or other documents
- Write a description of the harassment, including evidence
- Research the law and state your possible legal claims
- Demand that the conduct stop
- List the consequences of continuing the harassment
Consider sending the letter with delivery confirmation so you have proof that it was received.
Next Steps if Harassment Persists
You have several options if the harassment continues, including the following:
- Seeking a civil harassment restraining order
- Filing a lawsuit against the harasser
- Reporting the behavior to the police
The option you choose will depend on what happened and how pervasive the harassment is.
Use the Right Form for a Harassment Cease and Desist Letter
Using the right template for your letter will protect your legal rights. ConsumerShield provides legal document forms and guides to assist you.
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