New Jersey Cease and Desist for Stalking
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How to fill out New Jersey Cease And Desist For Stalking?
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FAQ
Stalking is a fourth degree crime in New Jersey. It is a third degree crime if there is already a court order prohibiting the behavior. It is also a third degree crime if the alleged stalker is serving jail time or is on parole or probation. The offense is also a third degree crime for any subsequent offenses.
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.
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).
The most common situations where a cease and desist letter before action is required are: IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.
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.
If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.
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.
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.
More info
Cyber harassment is the intentional use of information and communications technology to create threats and to violate another's personal privacy, reputation or property. Cyber-harassment is a type of First Amendment protected behavior under the U.S. Constitution. As such, the U.S. Constitution guarantees people's right of free speech, expression, association, and petition. While the Supreme Court has been quite clear that free speech is a fundamental right, the Supreme Court has also held that freedom of speech is subject to reasonable restrictions on when and where it may be communicated to others. The problem with cyber-harassment is that when victims of cyber-harassment become victims of abusive behaviors themselves, there may be no reasonable limit on a person or group's ability to act with impunity. That is why it is important to have a strong cyber harassment Cease-and-Desist Order that will have teeth to stop an abusive behavior once it starts and can be enforced.
