Question:
My brother abuses us in various ways, grabs my mother, and fights with us. He is 25 years old and disturbs the household by stealing money and vandalizing furniture. Recently, he demanded Tk 20,000,000 from my mother and threatened to kill us and destroy the house if we do not pay. What legal help can we seek in this situation?
Answer:
In Bangladesh, domestic abuse, threats, and extortion are serious criminal offenses, and there are legal steps you can take to protect yourself and your mother from harm. Here’s how you can proceed:
1. File a Police Report (First Step)
- The first thing you should do is file a First Information Report (FIR) at the local police station. You can report the physical abuse, threats to life, and extortion.
- Mention in the report that your brother has threatened to kill you and your mother and has been involved in vandalizing property and stealing money. These are criminal offenses that the police can investigate.
- Provide evidence of the threats, abuse, and any other incidents, such as photos of the vandalized furniture or recordings of threats, if possible.
2. Get a Protection Order
- You can apply for a protection order under the Domestic Violence (Prevention and Protection) Act, 2010. This will legally prohibit your brother from coming near you or your mother, and it can help ensure your safety.
- The protection order can include orders to prevent him from making threats, coming to the house, or engaging in any abusive behavior.
3. Threats of Murder and Extortion
- The threats made by your brother to kill you and your mother, as well as the demand for money, constitute serious criminal offenses such as criminal intimidation and extortion under Bangladesh’s Penal Code. If he follows through on the threats, it could also lead to charges of attempted murder.
- If you feel your lives are in immediate danger, do not hesitate to contact the police for emergency assistance.
4. Family Mediation or Legal Action
- If your family is open to it, you may also explore family mediation with the assistance of a counselor or social worker. However, considering the threats of violence, mediation may not be a safe first step.
- If your brother refuses to stop his abusive behavior, legal action through the court may be necessary. This can include a criminal case for his actions and a civil case to seek damages for any harm or loss caused by his actions.
5. Seek Legal Advice
- It is highly recommended that you seek the guidance of a lawyer who specializes in family law or criminal law. A lawyer can help you understand your rights, guide you through the legal process, and represent you in court if needed.
6. Important Documents and Evidence
- Keep any evidence you have regarding the abuse, such as photographs of damaged property, medical records of injuries (if any), witness statements, or recordings of threats. This will help strengthen your case.
- Witnesses who saw the abuse or threats can also be important for your case.
7. What to Do if the Police Don’t Act
- If the police are not responding effectively, you can approach a higher police authority or file a writ petition with the High Court for protection.