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How can I stop someone from making false assault accusations by having an attorney send a cease and desist letter?

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In situations where a former roommate or coworker is spreading false accusations of assault, a cease and desist letter is a common and appropriate first step to formally demand that the behavior stop.

Under general defamation law, making false statements of fact that harm another person’s reputation can give rise to civil liability. Accusations of criminal conduct—such as assault—are considered defamation per se, meaning damages are often presumed because the statements inherently injure reputation. Defamation can take the form of slander (spoken statements) or libel (written or published statements). See Restatement (Second) of Torts §§ 558–570.

A cease and desist letter is not a lawsuit, but it serves several important legal functions. It places the other party on formal notice that the statements are false, harmful, and legally actionable, and it demands that they immediately stop making or repeating the accusations. A properly drafted letter typically:

  • Identifies the specific false statements,
  • States that the allegations are untrue and defamatory,
  • Demands that the statements cease and, where appropriate, be retracted, and
  • Expressly reserves the right to pursue civil remedies, including a defamation lawsuit, if the conduct continues.

Sending the letter through an attorney can add credibility and seriousness, as it signals that you are prepared to enforce your rights if necessary. In many jurisdictions, once a person has been put on notice that their statements are false, any continued repetition may be treated as knowing, reckless, or malicious, which can support enhanced damages, including punitive damages, in a later defamation action (see Restatement (Second) of Torts § 580A).

While a cease and desist letter cannot force compliance, it creates a clear paper trail showing that you attempted to resolve the matter without litigation. Courts often view this favorably if the dispute later escalates, and it can strengthen both liability and damages arguments if the false accusations persist.

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Cease and Desist Letter

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Hi, I would like some help from an attorney on getting a cease and desist letter written up.

Lexi

Lexi, Chatbot

I understand that you need assistance with a cease and desist letter, which can be quite important. What specific issue are you facing that requires this letter?

I have a former roommate and coworker who has made false accusations that I attempted to assault her, none of which is true. I want to get a cease and desist letter written up and maybe signed/authorized and sent to her by an attorney to get her to stop.

Lexi

Lexi, Chatbot

Have you already attempted to resolve this matter directly with the other party involved?

Yes.

Lexi

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your cease and desist letter.

I don’t think so.

Legal Eagle

Legal Eagle

In situations where a former roommate or coworker is spreading false accusations of assault, a cease and desist letter is a common and appropriate first step to formally demand that the behavior stop.

Under general defamation law, making false statements of fact that harm another person’s reputation can give rise to civil liability. Accusations of criminal conduct—such as assault—are considered defamation per se, meaning damages are often presumed because the statements inherently injure reputation. Defamation can take the form of slander (spoken statements) or libel (written or published statements). See Restatement (Second) of Torts §§ 558–570.

A cease and desist letter is not a lawsuit, but it serves several important legal functions. It places the other party on formal notice that the statements are false, harmful, and legally actionable, and it demands that they immediately stop making or repeating the accusations. A properly drafted letter typically:

  • Identifies the specific false statements,
  • States that the allegations are untrue and defamatory,
  • Demands that the statements cease and, where appropriate, be retracted, and
  • Expressly reserves the right to pursue civil remedies, including a defamation lawsuit, if the conduct continues.

Sending the letter through an attorney can add credibility and seriousness, as it signals that you are prepared to enforce your rights if necessary. In many jurisdictions, once a person has been put on notice that their statements are false, any continued repetition may be treated as knowing, reckless, or malicious, which can support enhanced damages, including punitive damages, in a later defamation action (see Restatement (Second) of Torts § 580A).

While a cease and desist letter cannot force compliance, it creates a clear paper trail showing that you attempted to resolve the matter without litigation. Courts often view this favorably if the dispute later escalates, and it can strengthen both liability and damages arguments if the false accusations persist.

Legal Eagle

Legal Eagle

Thank you for using AskaLawyer. If you have any follow-up questions, we’re here anytime. Have a great day.

Legal Eagle

Legal Eagle

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