Assault & Battery need advice about a family case

[needadvice35]

hi! I am so happy I came across this website! No one wants to help me with any advice unless I pay them! anyway, here is my story....my mother sold her home to my brother and his wife(with her help). They still owe her over $50,000. She lives downstairs in an apartment built just for her. On 2 separate occasions I have gone to see my mother and I have been physically attacked by my brother. I am a female 11 years younger than he. The first time he pushed me down the stairs and verbally abused me until I left the home. The 2nd time, he also pushed me down the stairs and then choked me and dragged me across the floor ripping my shirt and earrings out of my ears. He also verbally abused me at this time. He told me on both occasions that I am not welcomed in "his house" and he will call the cops if I am there. Unfortuantely, my poor mother is in the middle and I have not gone there to see her or my animals No copos have been called and no orders of protection have been filed. I do not want to cause trouble as my brother seems to be having a mid life crisis and is very mean to my mother also. He put a locked box on the heating thermostat so that she could not turn the heat up! anyway....can I still go there to see my mom if I am in her apartment? Can he have me arrested? what is he threatens me while I am there?

 

[army judge]

My goodness, why go where you're unwanted?

If you were savagely attacked, the police should have been contacted.

If I were you, I'd keep my distance from those brutes.

As your mother didn't intercede during the attack, she may not want to see you.

Legally, your brother can't stop you from seeing your mom.

But, you can probably expect another axxwhipping if you do.

I'd stay away from those folks, if I were you.

Or, arrange to meet mom at a nearby tea room or coffee shop!

 

[needadvice35]

My mom did try to stop the fight as well as her best friend also. She and I have a great relationship and we do not know why my brother has turned into such an animal! He was never like this. I have been meeting her at other places...Im just also sad becuse I miss my dog : ( I havent been there since February and I did not plan on going back..I was thinking about it lately and considering maybe, but it makes me vey nervous just thinking about having another confrontation

 

[army judge]

If my brother beat me, I'd call the police; especially if I were his sister!!!!

What he did is commit a form of domestic or family violence.

The state takes that seriously.

Orders of protection are issued to battered women like yourself.

 

[needadvice35]

this occurred in february...am I able to still issue an order of protection or was it too long ago? if i do issue that against him am I still able to go to my mothers if she needs me and he is in his home upstairs? I am not knowledgeable about the laws and I should be!

 

[needadvice35]

i should have called the police but he was yelling and saying that they would arrest me for being in his house and he didn't want me there. if i knew my rights i most definately would have called. Especially because that was the sceond time it occurred.

 

[army judge]

You can try.

See what the police have to say.

Your mother would be an excellent witness for you.

If an order of protection is issued, he'll be required to avoid you.

 

[needadvice35]

ok thank you for your help! i greatly appreciate it