Q: Can I sue my brother for domestic violence?
I was assaulted yesterday by my brother and I had to have him arrested. He was charged with domestic violence because I had injuries that had to be taken care of. When I went to the hospital they glued the cuts in my ear and I had severe swelling. I also had a lump on my head which was all documented by the police. He only receives social security as an income so I don’t know if that will be an issue.
A: First of all you need to retain an experienced matrimonial attorney to represent you in seeking the Final Restraining Order, who has extensive trial experience. While it is true that social security is generally exempt from creditor's claims, if you also work with an experienced criminal defense attorney, you may be able to have your injuries and the amount for them classified as criminal restitution, which would mean it is specifically as non-dischargable in bankruptcy.
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