Cease & Desist?


#1

Dear fredsmith04:

Greetings. Yes, you can send another man a letter like this. The better question is what are you going to do about your marriage?

Without sounding harsh, I think you answered your own question. You communicate, legally and forcefully, that if he does not break off contact that you would file suit against him. Before you send the letter, ensure that you are truly ready to file a lawsuit. A letter with an empty threat is worthless. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hello again,

Can I get a Cease & Desist order/letter prohibiting another man from contacting or communicating with my wife?

Can these types of letters be conditional? What I mean is, lets say I issue a Cease & Desist that says “break off contact or you will be sued?” I know you cant communicate a threat, but it is simply a choice he would have.

How would I communicate, legally & forcefully, that if he does not break off contact, then I will file suit against him for AOA, criminal communication and intentional infliction of emotional distress?

Thanks again.