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QLD Reviewing Cease and Desist Letter Fit for Australian Law?

Discussion in 'Defamation Law Forum' started by Shadz, 22 September 2016.

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  1. Shadz

    Shadz Active Member

    6 September 2016
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    Hi all,

    I would like to serve a Cease and Desist letter in the hope of stopping the 4 years of abusive and intimidating behaviour from the ex-wife.

    I found a Cease and Desist template on an American law firms website which I used to write the letter, but would like to check whether it is correctly worded to be legal/safe for Australian Law.

    I reside in QLD, she resides in VIC. - no identifying information is in the uploaded version.

    I pasted the letter as a whole but I can't find it today so this time I'll just provide a link to the letter instead:

    Any assistance would be greatly appreciated, especially as to whether the highlighted "please note" section can be included as explained in the letter.
  2. Shadz

    Shadz Active Member

    6 September 2016
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    It seems that, as with my usual level of luck I have used a website to upload the file that is now broken and I can't find an option to edit or delete the thread so here is the letter in full:

    [Your name]
    [Your address]

    [Perpetrator's name]
    [Perpetrator's address]

    [Today's date]

    RE: Cease and desist from Harassment, Slander, Defamation, Intimidation, Threats and False Allegations.

    Dear [Perpetrator]:

    This Cease and Desist Order is to inform you that your persistent actions including but not limited to; falsified, slanderous, intimidating and denigrating verbal statements to myself, my children, family, friends, police officers, court officials etc., phone calls, public and private social media statements, texts & emails that include harassing, intimidation, abusive, denigrating and insulting language, intimidating behaviour through threats of more frivolous/falsified statements and allegation resulting in court actions/police involvement, threats of bodily harm (including verbal and written/typed messages constituting death threats) and defamation of my character have become unbearable. You are ordered to stop such activities immediately as they are being done in violation of the law.

    I have the right to remain free from these activities as they constitute harassment, slander, defamation and domestic/family violence and I will pursue any legal remedies available to me against you if these activities continue. These remedies include but are not limited to: Filing for breaches of the parenting orders and/or other relevant court actions such as an IVO/DVO, contacting law enforcement to obtain criminal sanctions against you, and suing you civilly for damages I have incurred as a result of your actions.

    Again, you must immediately stop the aforementioned harassment, slander, intimidation, defamation and threats and send me written confirmation that you will stop such activities. You risk incurring some very severe legal consequences if you fail to comply with this demand.

    This letter acts as your final warning to discontinue this unwanted conduct before I pursue legal actions against you. At this time, I am not contacting the authorities or filing civil actions against you, as I hope we can resolve this matter without authoritative involvement. I am not under any circumstances, however, waiving any legal rights I have presently, or future legal remedies against you by sending you this letter. This order acts as one final chance for you to cease your illegal activities before I exercise my rights.

    To ensure compliance with this letter, and to halt any legal action I may take against you, I require you to fill in and sign the attached form and mail it back to me within 10 days of your receipt of this letter. Failure to do so will act as evidence of your infringement upon my legal rights, and I will immediately seek legal avenues to remedy the situation.

    Please note: I will not be responding to any communications that you have already sent and/or will send in the future until I have received the requested signed statement as almost every attempt at communicating with you for the past four years has resulted in the aforementioned unlawful behaviour and I have no interest in being subjected to it again.

    **I added in this section - The other party sent an email re. dates for her to have the children during christmas holidays, (Court custody order in place - I have 100% custody and sole parenting, with her to have the children for the first/second half of Christmas holidays with them, alternating each year), she wants to have them for the first half, including Christmas day this year despite it being my year and me responding with anything short of full compliance with her wishes will result in abuse, etc, etc.

    Is it legal for me to make this statement of refusing to respond to her email until she signs and sends the letter back given it's based on my wishes of avoiding further harassment/emotional stress etc. (there is still over a month before arrangements/dates need to be agreed on as per the orders).


    [your signature]___
    [your printed name]

    Cease and Desist Compliance Agreement

    I, [insert perpetrator's name here] do hereby agree to stop the harassing, slandering, intimidating, defaming and threatening activities which are in violation of [your full name]‘s rights.

    I understand that this is my final chance to cease these activities. I understand that [your full name] potentially has the right to pursue legal action against me relating to my engagement in these activities, but [he/she] will not pursue those rights in contemplation of my compliance with this written demand.

    I further understand that [your full name] has not waived [his/her] rights and may pursue legal remedies against me if I fail to abide by this agreement. I understand that this agreement is not specifically limited to the activities named herein.

    I will not engage in any activity now or in the future done for the purpose of harassing, slandering, intimidating, defaming or threatening [your full name]. I furthermore agree not to engage in any activity, regardless of its official title, that is done in violation of [your full name]‘s legal rights.

    If I fail to cease performing these activities, [your full name] may pursue legal action against me in accordance [his/her] legal rights. This agreement acts as a contract between [perpetrator's name] and [your full name]. Forbearing enforcement of legally enforceable remedies is sufficient consideration to support this agreement.

    This agreement represents the entire agreement between the parties. Any statements made orally, written, or otherwise which are not contained herein shall have no impact on either parties’ rights or obligations elaborated in this agreement.

    Date ____________________

    [perpetrator's printed name]

    [perpetrator's signature]
  3. Iamthelaw

    Iamthelaw Well-Known Member

    13 September 2016
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    Long story short:

    A cease and desist, or variations thereto, are often reserved for breaches of contract, trademark infringements etc. etc.

    Given what you've said you're wanting this for, you may be better off applying for a intervention order which will be an order from the court prohibiting this person from doing these things to you.

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