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EL PASO CEASE AND DESIST ATTORNEY

Cease and Desist Letters in El Paso: Make It Stop, in Writing, Without Going to Court

An attorney cease and desist letter formally demands that someone stop harassing you, spreading false statements, entering your property or using your name, photos or brand — with a clear warning of what follows if they do not.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

A cease and desist letter is a formal written warning from an attorney telling a person or business to stop a specific behavior immediately. In El Paso we prepare them for people dealing with an ex-partner or former friend who will not stop calling and messaging, a neighbor who keeps coming onto their property, a former customer or competitor posting false reviews, a relative spreading damaging lies on social media, or a business using their photos, logo or name without permission. The letter names the conduct, explains why it is unlawful, demands that it stop by a deadline, and preserves your ability to act if it continues.

Texas gives the letter real teeth. Repeated unwanted electronic communications can constitute harassment under Texas Penal Code Section 42.07, and knowingly entering property after notice is criminal trespass under Section 30.05, so a documented written warning matters. For false statements, Texas Civil Practice and Remedies Code Chapter 73 (the Defamation Mitigation Act) requires a written request for correction, clarification or retraction before a defamation suit can recover certain damages, which makes a properly drafted letter a mandatory first step rather than an optional one. For unauthorized use of a logo, photos or business name, the letter cites federal trademark and copyright law and Texas Business and Commerce Code Chapter 16.

Robert Navar reviews the screenshots, messages, photos or postings you provide, confirms there is a legitimate legal basis, and drafts a letter that is firm without making threats we cannot back up. That balance matters: an overheated letter written from a template can itself expose you to a claim, and a letter that misstates the law invites the other side to ignore it. You approve the final version, we send it by certified mail and email, and we keep proof of delivery. No court appearance is involved. If the conduct continues, the letter becomes the foundation for a protective order, a police report, a platform takedown or a lawsuit, and we will explain which of those fits your situation.

Types of cease and desist letters we draft

Harassment and unwanted contact letters, used when calls, texts, social media messages or visits have become persistent and unwelcome. Defamation and retraction demands under CPRC Chapter 73, used when someone is publishing false factual statements that damage your reputation or business. Trespass notices, used to give the written notice that turns a repeat visitor into a criminal trespasser under Penal Code Section 30.05. Intellectual property letters, used when someone in El Paso or elsewhere is using your business name, logo, product photos or copyrighted content without permission.

Common mistakes with do-it-yourself letters

The biggest mistake is calling something defamation when it is actually an opinion, or threatening a lawsuit you have no intention or ability to file. Both make the letter easy to dismiss. Another is sending a harassment letter that itself reads as harassing, which can be used against you if the dispute later reaches an El Paso court. A third is skipping the retraction request required by Chapter 73, which can limit the damages you can later recover for defamation.

An attorney letter avoids these traps by sticking to documented facts, citing the correct Texas statute, and setting consequences that are realistic. It also creates a clean record: a dated, delivered warning that shows the other person knew exactly what they were being asked to stop.

What's included

  • Attorney review of screenshots, messages, photos, reviews or postings
  • Custom cease and desist letter on attorney letterhead citing the applicable Texas or federal law
  • Chapter 73 retraction demand language when the issue is defamation
  • Written trespass notice language when the issue is entry onto your property
  • One round of revisions before sending
  • Certified mail with return receipt plus email delivery, with proof kept on file
  • Follow-up call on next steps if the conduct continues

How it works

01

Show us what is happening

Bring or email the messages, screenshots, photos or posts. Robert Navar confirms there is a legal basis for the letter, explains what it can realistically accomplish, and quotes a flat fee.

02

Draft and approval

Within two to three business days you get a draft that identifies the conduct, cites the law, sets a deadline and states the consequences. You review it and approve before it goes out.

03

Delivery and record

We send the letter by certified mail and email and keep the delivery proof. If the conduct stops, you are done. If not, you have a documented warning to support a police report, protective order or lawsuit.

Official resources

Frequently asked questions

Common questions about cease and desist letters in El Paso

How much does a cease and desist letter cost in El Paso?

It is a flat fee quoted before we begin, and it is one of the most affordable services at our El Paso office. The fee includes reviewing your evidence, drafting, one round of edits, certified mailing and a follow-up conversation. A letter involving trademark or copyright claims may cost slightly more because of the additional research. Call (915) 526-0787 for a quote.

Is a cease and desist letter legally binding in Texas?

The letter itself is not a court order, so it does not legally force anyone to do anything. Its power comes from documenting that the person was put on notice, which matters for trespass, harassment and defamation claims, and from showing that you are prepared to pursue the remedies Texas law provides. If you need something enforceable immediately, such as a protective order, we will tell you so.

Can I send a cease and desist letter for harassment from an ex?

Yes, and it is one of the most common letters we write in El Paso. The letter demands that all contact stop, cites Texas Penal Code Section 42.07, and creates a dated record. If there has been any threat or violence, we will discuss whether a protective order through the El Paso County courts is the safer route, and the letter can be a first step while that is evaluated.

Someone is posting false reviews about my El Paso business. Can a letter get them removed?

A letter can demand a retraction from the person who posted them, which is required under Civil Practice and Remedies Code Chapter 73 before certain defamation damages are available. It cannot force Google or Yelp to remove anything, but a documented retraction demand supports a platform takedown request and a later lawsuit if the statements are provably false facts rather than opinions.

How long does it take to get a cease and desist letter?

Most letters are drafted within two to three business days after we have your evidence. When the situation is urgent, such as ongoing harassment or a post that is spreading quickly, we can usually prepare and send a letter the same day for a modest rush charge. Delivery by certified mail takes a few more days, but the email copy arrives immediately.

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