Cease and Desist Letter for Harassment in Australia | Claim Done
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.
Get your harassment cease and desist — $97
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 NSW, Crimes Act 1958 VIC, Criminal Code Act 1899 QLD)
- 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
- Often resolves the situation — many harassers stop when they receive a formal legal document
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.
Get your cease and desist letter — $97 | NSW | VIC | QLD
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
- Your identity — name and contact address
- Description of the harassing conduct — specific incidents with dates, platforms, and what was said or done
- Legal basis — applicable state legislation (e.g. Crimes Act, Harassment Act, Criminal Code)
- Demand to cease — specific conduct that must stop immediately
- Deadline — immediate cessation, typically within 48–72 hours
- Consequences — police report, protection order application, civil proceedings
After the cease and desist — what happens next
Most cases resolve after a formal cease and desist letter. If the harassment continues:
- Apply for a protection order — each state has its own legislation. In NSW: Apprehended Violence Order (AVO). In Victoria: Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO). In QLD: Domestic Violence Order (DVO) or protection order under the Peace and Good Behaviour Act.
- Report to police — your cease and desist letter is evidence that you put the harasser on notice. Police take documented prior warnings seriously.
- 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.