If you are a business executive based in Dallas or the surrounding area, the chances are that you have already heard of cease and desist orders. In legal terms, a cease and desist order is: “An order that requires a person or group to immediately stop doing something and refrain from doing it again in the future.” Even though the phrase “cease and desist” is commonly used, it can cover a wide range of legal matters and it is important to understand local regulations pertaining to the topic.

Cease and desist orders can be used for a variety of legal issues. The most common examples include: protection of intellectual property rights, stopping someone from making or saying defamatory statements, restraining orders, and halting activities that constitute harassment or stalking. It is important to note, however, that a cease and desist order is not a legally binding document – it is considered to be an extra-legal power that a court of law will not enforce.

When an individual or business is served with a cease and desist order, they may feel trapped, intimidated, and faced with the prospect of having severe legal consequences for violating the order. In the state of Texas, there are a number of regulations in place to protect individuals and businesses against abuse of the cease and desist system. Here are a few important ones:

1. Time Frame: Texas notification laws allow an individual or business that has been served with a cease and desist order to request a thirty-day extension of the order.

2. Warnings: Texas law also requires parties issuing cease and desist orders to warn the defendant of potential legal consequences if they violate the order.

3. Everywhere: Under Texas law, a cease and desist order can only be effective in Texas if it is served in person or with duly authorized agents. The order can be delivered to another state, but it must be accompanied by a “Notice of Removal.”

4. Abusiveness: Texas law specifies that cease and desist orders cannot be used to intimidate, harass, or silence speech within the state. Accordingly, the issuing party must have clear evidence that the defendant’s behavior significantly impairs the quality of life or property of the intended party.

In addition to the regulations in place to protect individuals and businesses, it is important to understand what to do if you are served with a cease and desist order. Depending on the type of order and your circumstances, the best course of action can vary greatly.

For Dallas executives that need specialized legal counsel that understands the complexity of local regulations surrounding cease and desist orders, UpCounsel can help. UpCounsel’s network of experienced attorneys are experienced in local jurisdiction and can provide cost-effective legal services. For one-time consulting or bricks-and-mortar legal departments, access to UpCounsel’s talent pool of experienced attorneys, who have an average of 14 years of experience, can ensure that you are adequately protected.

Cease and desist orders are a powerful tool usually used in corporate and business law and it is important to understand the laws and regulations in place for the state of Texas. With proper legal counsel, executives can be sure that their rights are properly protected when served with an order.

Topics:

Cease and Desist,

Dallas,

Local Regulation