Harassment Cease and Desist Letter Template

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.

Although states vary, civil harassment usually requires a course of conduct aimed at a specific person causing substantial emotional distress with no legitimate purpose.

For instance, California requires a knowing or willful course of conduct to alarm, annoy or harass without a legitimate purpose. Florida defines harassment as a course of conduct that causes substantial emotional distress and serves no legitimate purpose. Texas law requires the intent to harass, annoy, alarm, abuse, torment or embarrass another.

A letter can show that the harasser knew the contact was unwanted.

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 strong evidence 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 helps show that the harasser lacked their consent.

How to Write and Send a Harassment Cease and Desist 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, along with the laws the conduct may violate.
• Demand that the conduct stop.
• List the consequences of continuing the harassment and your state’s next step.
• Send the letter by certified mail, return receipt requested, so you have proof that it was received.

Keep a copy and continue noting the other person’s conduct.

Next Steps if Harassment Persists

You have several options if the harassment continues, including the following:

• Seeking a civil harassment restraining order if your state offers it, such as California CCP §527.6 and Pennsylvania PSVI orders
• 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.

Harassment by a Debt Collector

Under the Fair Debt Collection Practices Act (FDCPA), you can request in writing that a debt collector stop contacting you. The collector must stop all contact except for confirming it’s stopping or notifying you of a specific remedy it plans to use.

Mailed notices are effective upon receipt, so send a debt cease and desist letter certified.

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.