A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Cease And Desist Order For Harassment In Dallas
Category:
State:
Multi-State
County:
Dallas
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Include your contact details: List your full name, address, phone number, and email. Address the recipient: Use their full name and mailing address. Describe the harassment: Specify dates, locations, and details of the behavior. Demand they stop: Clearly state they must cease all harassing actions immediately.
What are the grounds for a cease-and-desist letter? Copyright or trademark infringement. Violations of a non-compete agreement. Violations of a non-solicitation agreement. Breached business contracts. Slander, libel, and/or defamation. Harassment.
I, (insert perpetrator's name here) do hereby agree to stop (insert unwanted activities here) which are in violation of (your full name)'s rights. I understand that this is my final chance to cease these activities.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
Just write ``dear ______, this email is a polite but formal request that you please stop contacting me. your contact is unwanted and has become a source of upset for me, and i would therefore be grateful if you would stop and leave me in peace. thank you and best wishes.''
Try to remain calm and assess the situation. If you feel safe doing so, maintain a confident posture and make eye contact. If you feel comfortable, you can assertively tell the harasser to stop. Use a firm voice and clear language, such as ``Leave me alone'' or ``I don't appreciate that.''
If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action.
Risks Of Ignoring A Cease And Desist By disregarding the initial warning, recipients expose themselves to potential litigation, as the issuing party may proceed to file a lawsuit. Legal action can result in court orders, financial damages, or penalties, depending on the nature of the violation.
Speak to a lawyer In most circumstances, it is best to seek professional legal advice. Sometimes Cease and Desist Letters are used simply to 'bully' or 'scare' you into doing something. If this is the case, it can be reassuring to know that you haven't done anything wrong.
