Cease-and-Desist vs. Orders of Injunction

 Posted on January 12, 2026 in Litigation

When someone infringes on your business rights, steals your intellectual property, or violates a contract, you need to act quickly. Two common legal tools for stopping harmful conduct are cease-and-desist letters and orders of injunction. While both are meant to stop unwanted behavior, they work very differently and serve different purposes.

Many intellectual property disputes will be resolved in 2026 without litigation after a well-drafted cease-and-desist letter. However, when immediate action is necessary or when the other party refuses to cooperate, an injunction may be your only option.

Wondering whether you need a cease-and-desist or an order of injunction? Our Fort Lauderdale business law attorney will talk through your case with you and help you decide what to do next. 

What Is a Cease-and-Desist Letter?

A cease-and-desist letter is a formal written demand that someone stop engaging in specific conduct that violates your legal rights. This letter is not a court order. Instead, it serves as a warning that legal action will follow if the recipient does not comply.

Businesses commonly use cease-and-desist letters for issues related to:

• Trademark infringement

• Copyright violations

• Breach of contract

• Trade secret misappropriation

• Unfair competition

• False advertising.

A cease-and-desist letter usually:

• Identifies the harmful conduct

• Explains why it violates your rights

• Demands that the conduct stop immediately

• Warns of potential legal consequence

The main advantage of a cease-and-desist letter is that it can resolve disputes quickly and inexpensively. Many recipients comply to avoid expensive litigation. The letter also creates a paper trail showing you tried to resolve the issue before filing a lawsuit.

However, cease-and-desist letters have limitations. By themselves, they are not legally binding; you cannot enforce a cease-and-desist letter without filing a lawsuit. The recipient can simply ignore your letter with no immediate consequences. 

What Is an Order of Injunction in Florida?

An order of injunction is a court order that requires someone to stop doing something or requires them to take specific action. Unlike a cease-and-desist letter, an injunction carries the full force of law. Violating an injunction can result in contempt of court charges, fines, and even jail time.

Florida law recognizes several types of injunctions. For example, under Florida Statutes Section 784.048, courts can issue injunctions to prevent repeat violence and stalking. For business disputes, courts typically issue temporary or permanent injunctions under Florida's general equity powers outlined in Chapter 60 of the Florida Statutes.

Should I Ask for a Temporary Injunction?

A temporary injunction provides immediate relief while a case is pending. To get one in Florida, you must prove that:

• You will suffer irreparable harm without the temporary injunction

• You have a substantial likelihood of success with your case

• The harm to you outweighs any harm to the other party

• An injunction serves the public interest

A permanent injunction remains in effect indefinitely or until specific conditions are met. Courts grant permanent injunctions after a full trial. The standards are similar to temporary injunctions, but the court requires stronger proof.

How Do You Get an Injunction in Florida? 

The process involves:

• Filing a lawsuit

• Submitting sworn affidavits and evidence

• Going to a hearing where both sides present arguments

• Getting the court order if the judge grants your request

In emergencies, Florida courts can issue temporary restraining orders that take effect immediately. 

When Should You Use a Cease-and-Desist Letter vs. an Injunction?

Choosing between a cease-and-desist letter and seeking an injunction depends on your situation. Ask yourself the following questions: How urgent is your case? Will the other party comply with a cease-and-desist? Do you have a strong claim? How much will it cost to bring a lawsuit? 

A cease-and-desist letter makes sense when the harm is ongoing but not immediately catastrophic. It may also make sense when you want to establish a record before litigation. For example, if a competitor uses a business name the same as or similar to yours, a letter might prompt them to change without going to court. 

Seeking an injunction makes more sense when immediate action is necessary to prevent irreparable harm. You may also need an injunction when you need enforcement power of a court order or when voluntary compliance isn’t enough to make things right. If a former employee is actively sharing your trade secrets with a competitor, for example, waiting for a response could cause devastating damage.

Many legal disputes follow a progression. Start with a cease-and-desist letter as a lower-cost first step. If the recipient refuses to comply, you can then seek an injunction while showing the court you attempted to resolve the matter without litigation.

What Makes an Effective Cease-and-Desist Letter or Injunction Request?

Whether you send a cease-and-desist letter or seek an injunction, the quality of your legal strategy matters. An effective cease-and-desist letter should:

• Be professionally drafted on attorney letterhead

• Clearly state the specific conduct that must stop

• Cite the legal basis for your claims

• Include evidence supporting your position

• Set a reasonable deadline for compliance

• Outline consequences without making empty threats

For an injunction request, you need to present compelling evidence of irreparable harm. Florida courts have consistently held that monetary damages must be inadequate to remedy the harm before an injunction is appropriate. You must show that money alone cannot fix the problem you face.

Both cease-and-desist letters and injunction requests benefit from involving an attorney early in the process. A poorly worded cease-and-desist letter can weaken your legal position or even expose you to liability. Similarly, seeking an injunction without proper preparation can result in denial and wasted legal fees.

Call an Oakland Park, FL Business Attorney Today

Protecting your business from harmful conduct requires swift and strategic action. Whether a cease-and-desist letter or an order of injunction is right for your situation depends on the specific circumstances you face.

Our Fort Lauderdale business lawyer at The Elliot Legal Group, P.A. helps businesses throughout South Florida protect their interests. As both a Florida attorney and a licensed solicitor in England and Wales, we bring a unique perspective to complex business disputes. Call The Elliot Legal Group, P.A. at 754-332-2101 to discuss your case today.