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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90971
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I need help writing a cease and desist letter to a cyberstalker

Resolved Question:

I need help writing a cease and desist letter to a cyberstalker for stalking and harassment and help with a no contact order. The stalker lives in Ohio and I live in Missouri.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid we are forbidden by law and site rules from engaging in personal representation or drafting legal documents for customers of this site.

However, for your cease and desist letter, this is something that is fairly simple we can provide you information on how to write yourself.

As far as the no contact order, if the person is in MO, you would need to apply for the order in MO and we can explain that procedure to you, but it requires getting a lawyer there to file unless you want to go to MO to do it.

If you would like information and help with the cease and desist letter let us know, they do not have to be long.

Please let us know and we hope you understand the state law and site constraints on what we can do for you.
Customer: replied 1 year ago.

The stalker lives in Ohio so I should contact a lawyer in Ohio to file for me? Yes, I would like information on how to write the letter myself and information on what to do to stop the stalking and harassment.


 


I live in Missouri and the stalker lives in Ohio.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for clarifying where each party resides, I apologize for getting those backwards. Also, thank you for understanding our limitations.

First, your cease and desist letter. This is fairly simple:

This letter is to inform you that your contact with "Your Name" is not welcomed and serves no legal purpose other than to intimidate, threaten, annoy and/or harass. As such, such communication, be it telephonic or electronic or through third parties, is considered harassing communications and will be reported to the police and civil action will be taken.

Therefore, you are hereby demanded to cease and desist all further communication with YOUR NAME in any and all manners including but not limited to electronic, telephonic, text message, email, social media or through third parties.

Sincerely,

Your name


As far as your order in OH, you would file for a civil order of protection by filing a application for civil order of protection in the court where he resides. In the application, you must clearly and completely describe each instance of conduct that constitutes harassment and how the conduct serves no purpose but to annoy and harass you and because you are in MO, you really would need an attorney in OH to file to save you the back and forth trips and they would likely file a civil suit for harassment together with the application for the civil protection order and seek money damages for the mental stress and anguish the conduct has put you through.

Usually, if the cease and desist works, there is no need to go to court in OH to do anything. So take it one step at a time. If needed you can find a general litigation attorney at the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org



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Customer: replied 1 year ago.

What can I do if I don't want to put my last name in the letter? From stalking me he has gotten my last name but the spelling is slightly incorrect. I'm not sure if I want to give him the correct spelling. If I put my correct last name in the letter I'm afraid to open myself up further to more stalking. Should I put the last name he thinks is mine? I'm hoping the letter will make it stop but I dont want to open myself up further to someone that knows no boundaries or civil conduct.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your additional information.

I am sorry, I was under the understanding you knew this person. If this person you do not know is stalking you and pursuing you and harassing you, then you need to file a complaint with the police in the city he lives in for electronic stalking and harassment and you need to explain how this conduct is placing you in reasonable fear of being physically harmed by him and is serving no purpose but to harass you.

I think you should not send the letter yet (if you do, do not put your address or spell your last name correctly, spell it as he does in the letter) and you need to call the police if this acquaintance is harassing you and stalking you in this manner.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90971
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 13 other Criminal Law Specialists are ready to help you

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