NSW Cease and desist letter

[Husam409]

I wat to send a cease and desist letter to my ex girlfriend to not try and stop following and stalking my children online or wherever they go, does this give her a stand saying that I'm accusing her with something that she hasn't done and take me to court?

 

[Atticus]

Your question is confusing...

1) Is your ex girlfriend actually stalking you or the kids? .... Physically & or on line?
2) How so?

 

[Husam409]

She created a fake Instagram account and searched for my daughter to follow. I knew it is her account because it has the same followers to her original account and she created it under her name.

 

[Atticus]

Doubt that alone would be enough grounds for a protection order ..... Just have your daughter block that account for now... If your ex persists with other accounts there may be grounds.

 

[Husam409]

Is there any harm of sending such a letter through a lawyer?
Can she claim it as harrassment?

 

[Atticus]

Too soon at this stage IMO... Not enough to go on to allege stalking either.

 

[Husam409]

I learnt that the letter is not a legal action but just to put the matter in concrete and stop her taking any further actions. My question is can she use it as if I'm harassing her by sending this letter?

 

[Atticus]

It is just a letter warning of possible legal action if she doesn't stop... It should only be sent once.... That would not be considered (or form grounds for) a claim of harassment

 

[sammy01]

I wat to send a cease and desist letter to my ex girlfriend to not try and stop following and stalking my children online or wherever they go, does this give her a stand saying that I'm accusing her with something that she hasn't done and take me to court?

Sure you could waste a grand on a solicitor to write a letter. Or you could write one yourself. Or you could do nothing. My advice do nothing. By the sounds of things it is a small annoyance, not threatening? So dont throw petrol on this fire and she will eventually go away.

 

[Husam409]

Sweet.....
Can she in her response/reaction to the letter dispute that she has ever approached or contacted my children and then say that I'm making false claims?