Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

Cease and Desist Letter for Harassment in Australia

Being harassed — whether at work, online, or in your personal life — is distressing and potentially dangerous. A formal cease and desist letter creates a legal record, puts the harasser on notice, and is essential evidence if you later need to apply for a protection order or pursue legal action.

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What counts as harassment under Australian law?

Harassment can be addressed under several legal frameworks depending on the nature and context:

• Workplace harassment: Fair Work Act 2009 (Cth) and state work health and safety legislation — anti-bullying provisions
• Stalking and harassment: State criminal law (e.g. Crimes Act 1900 New South Wales, Crimes Act 1958 Victoria, Criminal Code Act 1899 Queensland)
• Online harassment / cyberstalking: Online Safety Act 2021 (Cth) and the Criminal Code Act 1995 (Cth) s474.17 (using a carriage service to menace, harass, or cause offence)
• Sexual harassment: Sex Discrimination Act 1984 (Cth) and state anti-discrimination legislation

What a harassment cease and desist letter achieves

• Creates a formal, written record of the conduct and the date you put the harasser on notice
• Demands that all harassing conduct stop immediately
• Specifies the legal consequences if the conduct continues — including protection order applications and criminal complaints
• Puts a clear request to stop on the record

Protection orders — when more is needed

If the harassment continues after the cease and desist letter, or if you are in immediate danger, apply for a protection order (AVO, IVO, DVO — the name varies by state) through the Local Court or Magistrates Court. The cease and desist letter and any evidence of the conduct will support your application.

Online harassment — eSafety Commissioner

For serious online harassment — including image-based abuse, cyberstalking, and abusive content on social media — you can also report to the eSafety Commissioner at esafety.gov.au. The Commissioner has powers to require platforms to remove content and investigate complaints.

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Types of harassment a cease and desist can address

• Online harassment — abusive messages, threats, doxxing, cyberstalking
• Workplace harassment — repeated unwanted contact, threatening behaviour from a current or former colleague
• Neighbour harassment — intimidation, vandalism, ongoing aggressive conduct
• Domestic harassment — from a former partner or family member, where a formal notice precedes a restraining order application
• Business harassment — competitor or disgruntled customer engaging in a pattern of threatening or abusive behaviour

What a harassment cease and desist letter should include

1. Your identity — name and contact address
2. Description of the harassing conduct — specific incidents with dates, platforms, and what was said or done
3. Legal basis — applicable state legislation (e.g. Crimes Act, intervention orders legislation, Criminal Code)
4. Demand to cease — specific conduct that must stop immediately
5. Deadline — immediate cessation, typically within 48–72 hours
6. Consequences — police report, protection order application, civil proceedings

After the cease and desist — what happens next

If the harassment continues:

1. Apply for a protection order — each state has its own legislation. In New South Wales: Apprehended Violence Order (AVO). In Victoria: Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO). In Queensland: Domestic Violence Order (DVO) or protection order under the Peace and Good Behaviour Act.
2. Report to police — your cease and desist letter is evidence that you put the harasser on notice. Police take documented prior warnings seriously.
3. Civil proceedings — where harassment has caused quantifiable damage, you may be able to sue for damages in a tribunal or court.

Frequently asked questions

Can I send a cease and desist for online harassment?

Yes. Online harassment — including threatening messages on social media, SMS, or email — is actionable under Australian law. A formal cease and desist creates a documented paper trail and often causes immediate cessation.

Does the harasser have to comply?

A cease and desist is not a court order — they are not legally compelled to comply immediately. However, ignoring a formal written notice strengthens your protection order application and any subsequent legal action significantly.

What if I am afraid to give my address?

You can use a PO Box or a solicitor's address for your return contact details. When you file for a protection order, your residential address can be suppressed in proceedings.

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