Looking for legal advice for abusive brother
08-Oct-2024 (In Family Law)
I am 49 year old unmarried women...we r 5 siblings ..one brother and four sisters..all are 45+..our dad is no more and mom is not keeping well...I look after my whole house and my mother and other sisters are working... brother is jobless...he is 51..we tried to get him settled in life but things didn't work..he has become very abusive now...he uses filthy language...insult us badly...I think he needs rehab...he's physically very strong man... he hit us many times....plz advise
First of all rather than going legally you should serve him a legal notice and in that notice you can write that either stop all these harassments or face legal action which will be at your own risk. After that if he fails to give you a satisfactory reply then you can anytime file a complaint in writing to the police station according to your jurisdiction.
Hello, an injunction case can be filed against your brother, if his actions warrant such legal intervention. An injunction is a legal remedy that can prevent a person from committing harmful or unlawful acts. In the case of harassment or abusive behavior by a brother, the affected family members, such as sisters and the mother, can seek the following types of injunctions:
1. Restraining Injunction: The court can issue an order restraining the brother from entering the house or any specific area, thereby preventing him from harassing or abusing his family members.
2. Mandatory Injunction
3. Temporary Injunction: This can be granted during the pendency of a case to prevent any immediate harm or further abuse until the matter is finally decided.
These injunctions can be sought under provisions of the Civil Procedure Code, 1908 (Order XXXIX), particularly in cases of property disputes or harassment, as well as under The Protection of Women from Domestic Violence Act, 2005, for restraining orders related to violence or abuse.
Domestic violence also can be filed.
Advocate Jayatee Chatterjee
Dear ma'am!
There are a lot of legal measures you can take. Many advocates would advise you to go to police and lodge a complaint against your brother, which is quite frankly a lengthy process and may get dirty long the road. The most efficacious remedy is to approach the SDM and file a case on behalf of your mother under senior citizen's act, which is a very speedy process and would help all of you from the atrocities your bother is inflicting upon you and your mother. You may consult with me in this regard!
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