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Brother beat me... Can I sue him?

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  • Brother beat me... Can I sue him?

    Can I sue my brother who had bashed me for a third time and threated to kill me at least twice? I took him to court and had a restraining order put against him. I have had to leave my family home and can't bring myself to go back there. I have suffered much hardship and emotional distress since leaving over 12 months ago, I had to cash in my shares from our family trust to be able to pay rent and utilities. I have not been able to tend to my horses and rely on my mother and grandmother to do it for me and I could not attend the burial of one recently because my brother still lives at the family home

  • #2
    re: Brother beat me... Can I sue him?

    I wish to inform you that you can file a police complaint for beating you. Beating a person is a criminal offence and thus he can be held liable. Further as there is a restraining order thus when your brother had come to beat you then there may be a violation of restraining order and your brother can be held liable for violation of court order.

    AFF

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    • #3
      re: Brother beat me... Can I sue him?

      Call your local police, county sheriff or state police using a non-emergency number or ask an officer to come to your home or business. File the report in the same jurisdiction as where the incident took place. Have all the important information handy. Bring proper identification with you, and provide telephone numbers where you can be reached. Do not delay in reporting an incident to police.

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      • #4
        re: Brother beat me... Can I sue him?

        You have not given a time frame for the third beat down. Presumably, if the restraining order was in effect, you would have called the police unless you are the one who violated it.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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        • #5
          re: Brother beat me... Can I sue him?

          Unfortunately the third time was the first time I had reported it. There was no breach of order, but I was wondering if I had anything to sue on for my emotional and financial distress.

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          • #6
            re: Brother beat me... Can I sue him?

            It does not appear, based on your assertion you have any quantifiable damages you could articulate to a court. Standing up on your own two feet and paying your own bills is the norm. It is not your brothers fault mom chose to allow him to stay over you. The same applies to your horse. No one made you keep your horse there and it is not your brothers fault mom chose him. Most of your trauma appears to be self induced. Had the initial confrontations been so dramatic, your failure to deal with the issue is what allowed the third. It seems you are suffering a form of PTSD. I suggest you discuss the issue with a counselor. One specially trained in EMDR might be especially beneficial.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              re: Brother beat me... Can I sue him?

              Originally posted by Bridgette View Post
              Can I sue my brother who had bashed me for a third time and threated to kill me at least twice? I took him to court and had a restraining order put against him. I have had to leave my family home and can't bring myself to go back there. I have suffered much hardship and emotional distress since leaving over 12 months ago, I had to cash in my shares from our family trust to be able to pay rent and utilities. I have not been able to tend to my horses and rely on my mother and grandmother to do it for me and I could not attend the burial of one recently because my brother still lives at the family home
              When one sues there has to be an objective. Money for what he did to you? You would have to prove damages. Medical bills or if there have been emotional damages, the proof by someone like a therapist of the damage his actions have caused.

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