New Jersey Cease and Desist for Harassment
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How to fill out New Jersey Cease And Desist For Harassment?
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FAQ
Federal law offers significant protection from written threats and harassment. However, an individual who sends threatening letters to another either through the Internet or mail may also face punishment under state laws.
By Belle Wong, J.D. While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.
You can also send a Cease and Desist Letter to stop someone from harassing or stalking you. It can help protect your privacy as well. A Cease and Desist Letter effectively operates as a warning to the harasser that legal action is imminent unless the offending behavior immediately stops.
But before we do so, it is very important to keep in mind that one should not draft a letter that is too aggressive and certainly not one that is offensive. Ironically, a cease and desist letter can be defined as harassment itself (yes, you read that correctly).
In order for behavior to meet the standards of harassment, it must:Involve discrimination against a protected class of people.Involve offensive conduct.Include unwelcome behavior.Involve some level of severity or pervasiveness that affects your ability to work.
If someone is using your work without permission, you can send a cease-and-desist letter demanding they take the content down or stop using it without proper attribution. Unlike trademarks, copyright applies as soon as your idea is written down.
Instead, NJ Statute 2C:33-4 considers it harassment when someone makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm.
In order to prove harassment as a predicate act of domestic violence in NJ, the plaintiff must show that either subsection (a), (b), or (c) was violated above. Therefore, harassment can be based on harassing communications or an offensive touching so it can be both verbal and/or physical harassment.
