People tend to avoid litigation at all costs and typically comply when they receive a cease and desist letter. However, sometimes they fail to comply.

When someone fails to comply with a cease and desist letter, there are a few options still available to have your request enforced. If the individual or business fails to comply or respond, you may send a secondary letter or obtain a cease and desist order from the court.

Obtaining a cease and desist order from the court is initiated by filing a lawsuit and requesting the court to order the individual or business to stop the unwanted conduct. This is different than a cease and desist letter because the order often serves as a temporary injunction or restraining order enforceable by law. The temporary injunction or restraining order remains in place until a trial can be held to determine whether there is validity to the claim and whether they must discontinue their actions.

Once the case goes before the judge, the judge will determine if the conduct may continue, or he may issue a permanent injunction or protective order. A permanent injunction is a court order preventing someone from beginning or continuing a certain action. Whereas a permanent protective order is a court order preventing specific behavior directly towards you, contacting you, or often require they maintain a specific distance from you depending on your situation.
Even if the individual or business does not comply with the initial cease and desist letter, you still have available options to remedy your situation.