There is a lot of legal jargon out there, and sometimes it may sound like another language entirely. One phrase that people have often heard is a “Cease and Desist.” But do we actually know what this ”legal” phrase means? You may have heard the term in the news or even on some of your favorite crime TV shows and podcasts. For example, over the summer, the talk show,  The View was sent a cease and desist letter - and the public attention swarmed in.. 

What is a Cease and Desist Letter?

A cease and desist letter is basically a warning prohibiting the continuation of a specified, purported form of illegal activity. It is technically not a legal filing; therefore, hypothetically, any individual may choose to send one. Receiving a letter does not necessarily mean you are being sued, but it does mean that you could potentially be sued.. 

In contrast, a Court may issue an Order that requires a person to ”cease and desist” certain actions, statements, or other cited behavior. 

What Behaviors Warrant a Cease and Desist?

Most common “cease and desist” letters result from purported harassment, misuse of intellectual property, contract violations, and character defamation and libel. Due to the wide variety of reasons for cease and desist letters, they are prevalent in many different areas of law. Having proof that you send a cease and desist letter to the opposing party could be beneficial as evidence that you took peaceful actions to get the cited behavior to stop prior to the issues ever being addressed by a Court. 

How Can I Issue a Cease and Desist?

If you choose to send a cease and desist letter, it is very important that you keep records of the specific documents and correspondence being sent. It is important to use clear and direct language when addressing the behaviors the perpetrating party should stop. A letter is strengthened if there is reference to the related laws. This ensures that the party who is being put on notice for specific legal violation. For this reason, it is beneficial to seek legal advice just to make sure you are on the right track. Having the assistance of an attorney can also ensure that you do not make claims that are legally false, and they can direct the tone of the letter so that it comes across as a strong warning… and not an illegal or criminal threat. 

What Happens if the Behavior Continues?

If the illegal behavior does not stop, you may have the opportunity to petition the Court for assistance. This would include you making an argument justifying some form of legal relief due to the opposing party’s illegal actions. A common resulting order in North Carolina includes a temporary injunction order.

What if I Receive a Cease and Desist?

If you receive a cease and desist letter- take a deep breath. As mentioned previously, the letter is not a court order. However, it would be beneficial to get an attorney as soon as possible to obtain guidance on your best course of action moving forward. There likely has not been a lawsuit filed…yet. If you ignore this letter though, then a lawsuit may be the next document you receive.

If you want to learn more about "Cease and Desist" legal relief, our team at Modern Legal is here to help.

Please note: these educational materials are based on North Carolina law where Theresa's legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country. 

Written by: Allyson R. Koop and Theresa E. Viera