What happens if someone ignores a cease and desist letter in California?

If they ignore your cease and desist letter, you have several options: (1) File for a Civil Harassment Restraining Order under CCP 527.6, which can be granted within 21 days; (2) Report criminal harassment or stalking to police under Penal Code 646.9; (3) File a civil lawsuit for damages under Civil Code 1708.7 (stalking) or common law harassment. The cease and desist letter becomes evidence in all of these proceedings.

Can I send a cease and desist letter to my ex in California?

Yes. If your ex is contacting you repeatedly against your wishes, showing up uninvited, or monitoring your activities, a cease and desist letter is an appropriate first step. Document all unwanted contact before sending. If they continue after receiving the letter, you can seek a Domestic Violence Restraining Order (if you were in a dating relationship) or Civil Harassment Restraining Order.

How do I prove harassment for a California restraining order?

To get a restraining order under CCP 527.6, you must show: (1) A credible threat of violence OR a course of conduct (2+ incidents) that seriously alarmed, annoyed, or harassed you; (2) The conduct served no legitimate purpose; (3) The conduct would cause a reasonable person substantial emotional distress. Your cease and desist letter and their continued behavior after receiving it is powerful evidence of willful harassment.

Should I send a cease and desist letter before getting a restraining order?

In most cases, yes. While not legally required, sending a cease and desist letter first shows the court you attempted to resolve the matter civilly. It also eliminates any defense that the harasser 'didn't know' their behavior was unwanted. Exception: If you're in immediate danger, skip the letter and file for an emergency restraining order immediately.

Someone Won't Leave You Alone? California Cease & Desist Letter (Free Template)

Q: Is a cease and desist letter legally binding in California?

A cease and desist letter itself is not legally binding - it's a formal warning. However, it creates critical documentation. If the harassment continues after receiving your letter, California courts will view this as evidence that the behavior was willful and knowing, strengthening your case for a restraining order under CCP 527.6 or civil harassment lawsuit.

Q: What's the difference between a cease and desist and a restraining order?

A cease and desist letter is a private demand you send directly to the harasser - it has no court involvement. A restraining order is a court order obtained by filing with the Superior Court. Violating a restraining order is a crime (contempt of court) punishable by fines and jail. A cease and desist is typically the first step; a restraining order is the escalation if they don't stop.

🎯 When to Send a Cease & Desist Letter

A cease and desist letter is appropriate when someone's behavior is unwanted, repeated, and causing you distress—but you're not in immediate physical danger. It puts them on formal notice that their conduct must stop.

💔 Ex Won't Move On

Repeated texts, calls, showing up uninvited, monitoring your social media, or contacting your friends/family about you.

🏠 Neighbor From Hell

Constant confrontations, property disputes, filming you, spreading rumors, noise harassment, or threatening behavior.

👤 Stalker Behavior

Following you, showing up at work/home, unwanted gifts, creating fake profiles to contact you, tracking your location.

💻 Online Harassment

Cyberstalking, doxxing, repeated unwanted messages across platforms, impersonation accounts, revenge content threats.

😤 Workplace (Non-Employee)

Client, customer, or vendor who crosses professional boundaries with personal harassment outside of work context.

📱 Unwanted Contact

Someone you met briefly who won't take "no" for an answer—persistent calls, texts, or attempts to see you.

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Skip the Letter If You're in Danger

If you're facing immediate threats of violence, don't wait—call 911 and file for an emergency restraining order directly. Your safety comes first.

⚖️ California Laws That Protect You

California has strong anti-harassment laws. Your cease and desist letter is documentation that you demanded the behavior stop—critical evidence if you need to escalate.

CCP § 527.6 – Civil Harassment Restraining Order

Allows you to get a court order prohibiting harassment, stalking, threats, or violence from someone you DON'T have a close relationship with (neighbors, acquaintances, strangers). The court can order them to stay away from you, your home, and your workplace.

Penal Code § 646.9 – Criminal Stalking

Makes it a crime to willfully, maliciously, and repeatedly follow or harass someone AND make a credible threat with intent to cause fear. Punishable by up to 1 year in jail (misdemeanor) or 5 years in prison (felony).

Civil Code § 1708.7 – Civil Stalking Damages

Allows you to sue a stalker for actual damages, punitive damages, and attorney's fees. You can recover compensation for emotional distress, therapy costs, lost wages, and security expenses.

What Qualifies as "Harassment" Under California Law?

Under CCP 527.6, harassment means:

Unlawful violence (assault, battery, stalking)
A credible threat of violence
A course of conduct (at least 2 incidents) that would cause a reasonable person substantial emotional distress, AND actually causes you distress

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Why the Letter Matters

After receiving your cease and desist, the harasser can't claim ignorance. Continued behavior becomes willful harassment, making it easier to prove your case for a restraining order or lawsuit.

📝 Free Cease & Desist Letter Template

Copy and customize this letter. Send it via certified mail with return receipt requested so you have proof of delivery.

CEASE AND DESIST NOTICE [Your Name] [Your Address] [City, State ZIP] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Harasser's Full Name] [Harasser's Address] [City, State ZIP] Re: Cease and Desist – Harassment and Unwanted Contact Dear [Harasser's Name]: This letter serves as formal notice that your conduct toward me constitutes harassment under California law, and I am demanding that you immediately cease and desist all contact with me. CONDUCT THAT MUST STOP: The following behavior is unwanted, unwelcome, and must stop immediately: [Describe specific incidents with dates. For example: • On [date], you [sent 47 text messages despite my request to stop] • On [date], you [showed up uninvited at my workplace at ABC Company] • On [date], you [created a fake Instagram account to contact me after I blocked you] • On [date], you [followed me from the grocery store to my home]] LEGAL CONSEQUENCES IF YOU DO NOT STOP: If you continue this conduct after receiving this notice, I will pursue all available legal remedies, including but not limited to: 1. Filing for a Civil Harassment Restraining Order under California Code of Civil Procedure § 527.6, which will prohibit you from contacting me or coming within a specified distance of me, my home, and my workplace; 2. Reporting your conduct to law enforcement for investigation of criminal stalking under California Penal Code § 646.9; 3. Filing a civil lawsuit against you under California Civil Code § 1708.7 for stalking, seeking compensatory damages, punitive damages, and attorney's fees. DEMANDS: I hereby demand that you: 1. Immediately cease all contact with me, including but not limited to phone calls, text messages, emails, social media messages, letters, and contact through third parties; 2. Do not come to my residence, workplace, or any other location where I am present; 3. Do not contact my family members, friends, or coworkers regarding me; 4. Remove any content about me from social media or online platforms; 5. Do not follow me, surveil me, or track my location. This letter serves as your formal notice that your conduct is unwanted. Any contact after the date of this letter will be documented and used as evidence of willful harassment in legal proceedings. This is my final communication with you. Do not respond to this letter. Any response will be considered further harassment. Sincerely, _______________________________ [Your Signature] [Your Printed Name] cc: [Your attorney, if applicable] Personal file

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Delivery Matters

Send via USPS Certified Mail with Return Receipt. This gives you proof they received it—essential evidence if you need to go to court. Keep the green receipt card when it comes back.

📋 After You Send the Letter

Step 1: Document Everything

Screenshot all communications. Save voicemails. Note dates, times, and locations of any in-person encounters. Keep a harassment log.

Step 2: Wait and Watch

Most people stop after receiving a formal cease and desist. Give it 1-2 weeks to see if the behavior stops.

Step 3: If They Continue—File for Restraining Order

Go to your local Superior Court and file Form CH-100 (Request for Civil Harassment Restraining Order). Filing fee is ~$435, but fee waivers are available.

Step 4: Court Hearing Within 21 Days

A judge will review your evidence (including the cease and desist letter) and decide whether to grant a permanent restraining order lasting up to 5 years.

Evidence to Gather

✓ Copy of your cease and desist letter
✓ Certified mail receipt and return receipt (green card)
✓ Screenshots of texts, DMs, emails (with timestamps)
✓ Call logs showing frequency of contact
✓ Photos of them at your home/workplace (if applicable)
✓ Witness statements from people who observed harassment
✓ Police reports (if any were filed)
✓ Medical/therapy records showing emotional distress

❓ Frequently Asked Questions

Is a cease and desist letter legally binding in California?

No—it's a formal warning, not a court order. However, it creates critical documentation. If harassment continues after they receive your letter, it proves the behavior was willful, strengthening your case for a restraining order or lawsuit.

Can I send a cease and desist to my ex?

Yes. If your ex is contacting you against your wishes, a cease and desist is appropriate. If they continue after receiving it, you can file for a Domestic Violence Restraining Order (if you were in a dating/intimate relationship) or Civil Harassment Restraining Order.

What if they ignore my cease and desist letter?

Document every instance of continued contact, then file for a restraining order (CCP 527.6). The letter and their continued behavior after receiving it is powerful evidence. You can also report criminal stalking to police under Penal Code 646.9.

Should I have a lawyer send the letter?

A letter from an attorney carries more weight and signals you're serious. However, a self-sent letter is equally valid legally. If the harassment is severe or you anticipate litigation, having an attorney involved from the start is wise.

Can I get in trouble for sending a cease and desist?

No—as long as your letter is factual and you have a legitimate basis for your concerns. Sending a cease and desist to document unwanted behavior is protected. Just don't make threats beyond legal action or include false statements.

What's the difference between a cease and desist and a restraining order?

A cease and desist is a private letter you send directly—no court involved. A restraining order is a court order obtained by filing paperwork with the Superior Court. Violating a restraining order is a crime; ignoring a cease and desist is not (but it's evidence for getting one).

📅 Schedule a Consultation

For complex harassment situations or restraining order representation, book a call to discuss your options.

Someone Won't Leave You Alone? Make Them Stop—Legally.