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Cease and Desist Letter for Cyber Stalking

Winston-salem, NC |

I am currently being cyber stalked by an individual and have been for the past few years. The person makes random accounts on social media and then harasses me with them. Also, I get text messages from random numbers that basically say, I know where you live and they text the location of where I am located, along with some of my personal pictures that I have no idea of how they obtained. I do not respond to any of the messages hoping that they will go away.

I cannot 100% confirm the identity of the person because they keep making random accounts and numbers but there is only one person that I know would be doing this and am 99% sure it is them. The person happens to live in another state.

Would a cease and desist letter be effective, and how much should I expect to pay?

I can't get information from the Internet providers as they require a subpoena. Also, the person lives in a neighboring state is there any way I could file a protective order against them, or is that only applicable to residents of NC?

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Attorney answers 3

Posted

why don't you contact the internet providers first.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Posted

The reality is that most cease and desist letters aren't worth the paper they are printed on. A local internet attorney can be retained to subpoena the internet service provider and go from there.

Posted

The laws regarding stalking and harassment are usually determined by the state in which you live. You could sue DOES for emotional distress and then your attorneys can obtain subpoenas which they can serve on the internet providers with the requisite information required by your state law, requesting documents showing the identities of the stalker. Unfortunately, most of the internet providers that are involved will be out of state, so you will have to retain attorneys in the states in which the internet providers are located in order to properly serve a subpoena on that provider. It is timely and costly. Regardless, in this type of situation it is highly unlikely that a cease and desist letter would work. Good luck.

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