Can a third party issue a cease and desist?

[Raziel1988]

If a third party thinks that someone's actions are harassing and coercive toward another individual or business can the third party step in and issue a cease and desist?

 

[quincy]

If a third party thinks that someone's actions are harassing and coercive toward another individual or business can the third party step in and issue a cease and desist?

What is the name of your state?

Who are you in this scenario? The third party?

 

[adjusterjack]

can the third party step in and issue a cease and desist?

The word "can" denotes the ability to do something, not whether it's done rightly or wrongly.

So, yes, the third party "can" step in and issue a cease and desist.

Is that really what you wanted to ask?

 

[quincy]

It is important to note that there is a significant difference between a cease and desist letter and a cease and desist order.

A cease and desist letter can be written by anyone and sent to anyone else. The letter can demand that certain activities must stop or legal action may be considered. There is no force of law behind a cease and desist letter, however, so the recipient of the letter is free to ignore the demand that is made (albeit with some risk that a legal action might eventually follow).

A cease and desist order, on the other hand, is issued by a court. The order cannot be ignored without repercussion. If the subject of the order does not cease whatever it is they have been ordered not to do, there can be a contempt of court finding. Jail time is a possibility when one ignores a court order. Unlike a cease and desist letter, a cease and desist order will not be issued by a court to just anyone.

 

[Taxing Matters]

If a third party thinks that someone's actions are harassing and coercive toward another individual or business can the third party step in and issue a cease and desist?

Anyone can ask the person to stop the perceived harassment. But to go to court to get an order to stop the harassment is not possible unless the person seeking the order has what the law refers to as standing. One of the requirements for standing is that you must be someone personally affected by the defendant’s actions. The third party might have standing if that person is in a position where he/she has the legal obligation to care for the harassed person (e.g. the harassed person’s legal guardian). Apart from that in most cases that third party will lack standing to pursue anything in court, but of course the exact details will matter.

 

[quincy]

It is almost always best to let the people involved handle the matter between themselves.

If you fear someone is in danger of physical harm from someone, however, that is the time to step in (e.g., with a call to the police).