Key points

  • A cease and desist letter is not legally binding on its own, but it creates a formal record and often changes behaviour.
  • It tends to work best when there is a documented pattern of behaviour behind it and a clear next step if it is ignored.
  • In some situations, it can escalate rather than resolve, particularly with people who seek confrontation.
  • A strong documented archive of the conduct being complained of is essential before sending a cease and desist.
  • If the letter is ignored, people often look at court orders, police reports or civil proceedings. A lawyer can explain which, if any, fit.

A friendly note: This guide shares general information to help you understand your options. It isn’t legal advice, and it can’t tell you what to do in your own situation. For that, a lawyer or a free legal service is the best next step, and you’ll find some in Where to get help.

A cease and desist letter is one of the most widely misunderstood legal tools. People send them expecting legal force. They think the recipient must comply or face immediate consequences. In reality, a cease and desist letter is not a court order. The recipient is not legally required to do anything in response to it.

What it is, instead, is a formal, documented demand that signals you are serious, creates a record, and often changes behaviour. Used correctly, it can be a highly effective step before court action. Used incorrectly, it can escalate a situation or signal weakness. Understanding the difference is what this guide is about.

This guide is written with Australia in mind. If you are in the US, our guide to cease and desist letters for harassment in the US explains how they work there.

What a cease and desist letter is, and isn’t

A cease and desist letter is a written demand, typically from a lawyer, that a person or entity stop specific conduct and not repeat it. It may threaten legal action if the conduct continues.

What it is not:

  • A court order: the recipient cannot be arrested, fined, or held in contempt for ignoring it
  • A substitute for a protection order (in the US, a protective or restraining order) or injunction
  • Legally enforceable in itself
  • A guarantee that the conduct will stop

What it is:

  • A formal notice that puts the recipient on record as having been warned
  • Evidence of your good-faith attempt to resolve the situation without court action
  • A signal of seriousness that often changes behaviour
  • A document that can support any later legal action
  • Sometimes, the end of the situation: many people do comply after receiving one
Build the archive before you send the letter: A cease and desist is only as strong as the evidence behind it. FenceChat automatically archives every incoming message with full metadata, creating a comprehensive, timestamped record of harassing or threatening contact without any manual effort. If a lawyer drafts the letter, they’ll have a clear record to work from. Your real contact details stay private throughout.

When a cease and desist is effective

A cease and desist tends to be most effective in situations where:

  • The person sending harassing or threatening messages has something to lose: a professional reputation, a business licence, or a public position
  • The conduct is impulsive or emotional rather than calculated, and the formal letter creates a moment of reflection
  • The person is unaware of the legal consequences of their conduct
  • You have a clear, documented record of the conduct that demonstrates the seriousness of the situation
  • The behaviour is clear-cut: there’s no ambiguity about what was said and by whom
  • You are genuinely prepared to follow through with legal action if the letter is ignored

The last point matters. A cease and desist letter that is not followed through on when ignored teaches the recipient that your threats are empty. So it helps to think about what your next step would be before you send one.

When a cease and desist can backfire

There are situations where a cease and desist is not the right tool, or where it could make things worse:

  • When the recipient seeks confrontation. For some people, a cease and desist is gratifying: it confirms they are having an effect. This can escalate rather than discourage the behaviour.
  • When the conduct is borderline. If the conduct is ambiguous (sitting near the line between unpleasant and legally actionable), a cease and desist may generate a counter-letter asserting that you are the one acting improperly.
  • When there is no documentation. A cease and desist letter that refers to conduct you cannot prove is embarrassing and counterproductive. Build the record first. A message archive that keeps every original with a timestamp makes that easier.
  • When it’s premature. If the conduct has only just begun and the person could be addressed with a brief, informal message, going straight to a lawyer’s letter may feel disproportionate and generate a defensive response.
This is general information, not legal advice. Whether a cease and desist is appropriate in your situation, and what it should contain, depends on your specific circumstances, the nature of the conduct, and your jurisdiction. A lawyer can help you decide whether to send one.

What a cease and desist letter should contain

A well-drafted cease and desist letter for harassment or threatening messages should include:

  • The date and the full names and contact details of the sender and recipient
  • A factual summary of the conduct: what has been happening, when, and through what channels
  • A reference to the relevant documentation (without necessarily including all of it; your lawyer will advise on what to attach)
  • The specific conduct that must stop: be precise, not vague
  • The legal basis for the demand: what law or right is being invoked
  • The consequences if the conduct continues: what legal action will be taken and when
  • A deadline (typically 7 to 14 days) after which you will take action if conduct hasn’t stopped
  • The lawyer’s signature and firm details

It should not contain: emotional language, personal attacks, threats beyond what you are genuinely prepared to follow through on, or admissions about your own conduct.

A cease and desist letter template for harassment

Copy the template below, replace every item in [square brackets] with your own details, and remove any line that does not fit your situation.

[Date]

[Recipient’s full name]
[Recipient’s address or email address]

Re: Demand to stop contacting and harassing me

Dear [Recipient’s name],

I am writing to formally ask you to stop the conduct described below.

Since [date the conduct started], you have [describe the conduct factually, for example “sent me 46 text messages and 12 emails, including messages calling me names and saying you would come to my workplace”]. This has happened through [the channels used, for example text message, email, social media, phone calls] on the dates listed in the attached schedule.

I require you to stop this conduct immediately. Specifically, you must not [list exactly what must stop, for example contact me except as set out below, come to my home or workplace, or post about me online].

If contact is genuinely necessary about [the necessary matter, for example arrangements for our children or the return of property], please use [the single channel you choose, for example a named email address] only, and keep the message to that matter.

I have kept a record of every message and incident. If this conduct continues after [deadline, for example 7 days from the date of this letter], I intend to [what you will actually do, for example apply for a protection order, report the matter to police, or seek legal advice about further action] without further notice.

Yours sincerely,

[Your full name]
[Your signature]

  • Keep it factual. Dates, channels and what was said are far stronger than how it made you feel. Leave out insults, history and anything you would not want a magistrate or judge to read.
  • Keep a copy. Save the letter, note how and when you sent it, and keep the proof of delivery. Anything that arrives after it becomes part of your record, so keep that too (see how to export messages as evidence).
  • A lawyer’s letter carries more weight. The same words on a law firm’s letterhead show the person you have taken advice, and a lawyer can check the letter does not cause problems later.
  • A letter of demand is a related but different thing. In Australia, a letter of demand is usually used to ask for money owed before starting a claim, rather than to stop behaviour.
This is general information, not legal advice. If you are worried about your safety, call 000 in Australia or 911 in the US. For help with family or domestic violence, call 1800RESPECT on 1800 737 732 in Australia, or the National Domestic Violence Hotline on 1-800-799-7233 in the US.

What to do after sending

After the letter is sent:

  • Keep a copy and note the delivery date and method
  • Continue documenting any contact that occurs after the letter, as this is now even more significant as evidence
  • Try not to engage informally with the recipient; if a lawyer is involved, they can handle any response
  • Maintain the archive of all incoming communications from the sender
  • If the conduct stops, note when it stopped. If it continues, note that too

If the cease and desist is ignored

If the conduct continues after the deadline in the letter, these are the options people commonly consider. A lawyer or a free legal service can tell you which, if any, fit your situation:

  • Apply for a court order. An injunction or personal safety intervention order is an actual legal order, and breaching one can have real consequences. The cease and desist letter may support an application by showing you warned the person and they continued. In the US, the equivalent is a protective or restraining order, and the rules vary by state. Our US guide explains the basics.
  • Make a police complaint. If the conduct may be a criminal offence (harassment, stalking, making threats), police can investigate. The cease and desist letter and the conduct that followed it may be relevant.
  • Commence civil proceedings. For conduct that has caused financial damage (defamation, interference with business relationships), a civil damages claim may be possible. The cease and desist can again help by showing you tried to resolve the matter first.
  • Report to relevant regulators. In some contexts (professional licences, business registrations), reporting to a regulator may be appropriate.

Where to get help

These services are free or low-cost. If you or someone else is in danger, call your local emergency number first.

Australia

If you feel unsafe

  • Emergency: 000 Police, ambulance or fire, if you or someone else is in danger.
  • 1800RESPECT Free, confidential counselling for family, domestic and sexual violence, any time. 1800 737 732.

Online abuse, stalking and cybercrime

Free or low-cost legal help

Someone to talk to

  • Lifeline Crisis support and suicide prevention, any time. 13 11 14.
  • Beyond Blue Support for anxiety, stress and low mood. 1300 22 4636.

United States

If you feel unsafe

Online abuse, stalking and cybercrime

Free or low-cost legal help

Someone to talk to

United Kingdom

If you feel unsafe

Online abuse, stalking and cybercrime

Free or low-cost legal help

Someone to talk to

  • Samaritans Someone to talk to, any time. Call 116 123.
  • Mind Mental health information and support.

Frequently asked questions

What is a cease and desist letter?

A cease and desist letter is a formal written notice, typically from a lawyer, demanding that the recipient stop specified conduct. It is not legally binding in itself (the recipient cannot be prosecuted solely for ignoring it), but it creates a formal record that the conduct is unwanted and that you have warned of legal consequences. It can be an effective first step before taking court action.

Do I need a lawyer to send a cease and desist letter?

You don’t legally need a lawyer, but a letter drafted by a lawyer on law firm letterhead carries significantly more weight. It signals that you are serious and have obtained legal advice, which changes how recipients often respond. For harassment and threatening messages, many people choose to have a lawyer draft the letter.

Can a cease and desist letter make harassment worse?

Yes, in some situations. For people who seek confrontation or who interpret any response as engagement, a cease and desist can escalate things rather than resolve them. It can also publicly signal that their actions are having an effect. For these reasons, a cease and desist is not always the right first step. Discuss the specific situation with your lawyer.

What happens if someone ignores a cease and desist letter?

If conduct continues after a cease and desist, options people consider include applying for an injunction or restraining order from a court, making a police complaint if the conduct may be a criminal offence (harassment, stalking, threats), or starting civil proceedings for damages. The letter can support these steps by showing you warned the person and they continued anyway. A lawyer can explain which options fit your situation.

How much does a cease and desist letter cost in Australia?

Costs vary significantly by lawyer and complexity. A straightforward cease and desist letter from a solicitor can range from a few hundred dollars to over a thousand depending on the firm and the situation. Community legal centres may provide assistance with cease and desist letters for people who qualify for their services. Legal Aid generally does not cover cease and desist letters but may assist with related proceedings.

Can I write a cease and desist letter myself?

Yes. There is no rule that a cease and desist letter has to come from a lawyer, and you can use the template in this guide as a starting point. Keep it short, factual and calm, only warn of steps you are actually prepared to take, and keep a copy with proof of when you sent it. A letter from a lawyer usually carries more weight, so consider getting advice first if the conduct is serious or legal proceedings are likely.