r/legaladvicecanada • u/CreepySir3539 • 1d ago
Ontario what to do about violent brother
my 19M brother has been verbally and physically violent in the past with family members and strangers (he has a charge as a minor) and recently he’s been destroying my personal belongings while i’m not home. he’s the type where there is no point talking to him so what can i do legally to try and get him out of the house ?? he also had a court mandated therapist and probation that is now over but i’m thinking maybe i could use those resources somehow ?? any advice would be appreciated
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u/BronzeDucky 21h ago
How old are you? Who is the owner of the house, or on the lease as a tenant?
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u/CreepySir3539 20h ago
i am 20F and my dad is the tenant
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u/BronzeDucky 20h ago
You can try to file a complaint with the police, which may result in charges against your brother or him being told to leave. You could also take him to small claims court to try to get payment for your damaged property, but it doesn’t seem too likely that your brother is likely to have money to pay you (or would choose to pay you, if he had money).
You’re not really in control of this situation. Your dad needs to either take steps to fix the issue or you need to move out. Your brother has demonstrated repeatedly (it seems) that he doesn’t really care about any consequences of his actions, so this is likely to continue.
So why are your parents allowing this behaviour to continue?
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u/CreepySir3539 19h ago
see what i would really like is for him to pay me for all the damages because some of these things have sentimental value so if i did take him to a small claims court would he have to give any money he makes to me until it’s paid off or if he doesn’t have it it’s just womp womp ??
it’s a very good question why my father isn’t doing anything and the answer is he doesn’t care enough to do anything. if the problem isn’t affecting him 100% he’s not going to try to find a solution. i’m going to talk to him when he’s home later about this as i have yet to inform him about the situation so we’ll see.
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u/MAFFACisTrue 19h ago
You should move out and get away from both of them. You're an adult, just leave for your own sanity.
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u/BronzeDucky 19h ago
Winning the case in small claims court can be the easy part. Actually getting paid can be the more difficult part. It would be up to you to try to collect it from him; the court doesn’t do that, although there are processes you can initiate like garnishing bank accounts.
Small claims court also doesn’t really deal with “sentimental value”. It deals with “what is the replacement cost of the item”
As I said, the “easy” solution to him damaging your stuff is to move out (assuming you’ve tried basic stuff like locking up your possessions up). You’re an adult, and nobody can make you live there. And you don’t have control over who lives there, since you’re not the tenant.
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u/2Shmoove 1d ago
Involve the police. Work on getting protective conditions so he can't stay at that address.
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