LEGAL EAGLE: How to stop my brother from harassing me?

I have currently had to move back to my family address in Sunderland due to COVID-19. Since moving back, my brother has been monitoring my every move, texting me constantly, asking where I am and recently, he approached me in the street and pushed me and slapped me across the face.

Tuesday, 19th January 2021, 12:00 am
Legal advice on dealing with domestic violence. Picture posed by model.

I questioned his behaviour, and he began shouting at me, alleging I was in a new relationship with his friend and became aggressive towards me. My brother lives at a different address in a single household; however, my family address is his support bubble, and he is regularly attending our address on the weekend when he is not working. I feel lost and scared. I do not know how to stop my brother from harassing me and hurting me any further. I do not want my brother to be prosecuted for his behaviour, but I am concerned that he may cause me serious harm.

You have mentioned that you do not wish to prosecute your brother for his behaviour, therefore you should consider applying for a Non-Molestation Order. This is an Order granted by the Family Court prohibiting your brother from carrying out any further acts of domestic abuse i.e. harassment, stalking, physical violence, etc. You can apply for this as your brother is an ‘associated person’ i.e. a family member and you are at risk of significant harm. I would still advise you to consider reporting your brother’s behaviour to the Police as it is important that you take steps to safeguard yourself.

In order to apply for a Non Molestation Order you will need to complete the Form: FL401 and you will be required to prepare a Statement which acts as your evidence in support of your application for a Non-Molestation Order. It is of particular importance that you include dates, times and all relevant information within this Statement. I would advise you to consider contacting a Family Law Firm to query whether you would be eligible for Legal Aid. Should you be eligible for Legal Aid, a Solicitor would be able to represent you on an application for a Non-Molestation Order, advise you and draft the relevant application forms, statements, etc. Alternatively, you could privately pay for a Solicitor to represent you or you could contact Citizens Advice Bureau for support.

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In consideration of the issues you raise in relation to COVID-19, you could seek that your brother is prohibited to enter the family address or go within 100/200 metres of the address when drafting your application for a Non-Molestation Order. It is important you take action to safeguard yourself and I would urge you to seek legal advice as soon as possible.

If you are worried that someone you know is victim of domestic abuse, you can call National Domestic Abuse Helpline for free, confidential support, 24 hours a day on 0808 2000 247.

To obtain legal advice contact Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected] Visit www.benhoarebell.co.uk for further information.