• Mentally challenged son occasionally violent & threatens family,

My brother (25) was treated for mental illness 2 years ago, but never fully recovered. He's usually calm, but occasionally threatens my old parents with violent physical intimidation. At times, he also verbally abuses me without provocation. I stay in another city, so really concerned about their safety.

Should I lodge a police complaint against him? Can any other action be taken when he misbehaves again? Can police enforce that he should be admitted for treatment again? Please advise.
Asked 11 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
If your parents are the victim of criminal intimidation then they alone can file the complaint against him which can result in his arrest. Your parents are also at liberty to evict him from their house by filing a suit for eviction. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1) your parents can file complaint of criminal intimidation against their son if he threatens them

2) your mother can also file application under domestic violence act and seek protection order against her son 

3) in alternative.  your parents can move court and obtain order directing son to vacate portion of house in his possession and injunction restraining son from disturbing their peaceful possession of the house 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
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Yes, you may file a police complaint against him and it may be possible that police admitted him in hospital for treatment.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
You cannot force them to check him into a rehab. They are the ones who have to initiate the legal process.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) there is a senior  citizen police helpline 

2) you mother can call them and request them for assistance in convincing son to take medical treatment 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
You can apply for appointment of legal guardian by court of law if you could prove his mental illness. In the said case you can also apply for his treatment from mental health care.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
you may file a complaint u/s 133 of Cr.P.C before SDM/DM regarding public nuisance but for this another person of area where he is residing should be the witness and claim nuisance created by him.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
One cannot remain or live with fear due to constant threats or intimidation.
Some actions ought to be taken 
Police help can be sought when he is in normal condition and tortures them but not otherwise.
Your parents should have the phone number of the mental asylum o contact them immediately in the event of things are going out of control.
Your parents have to adopt safety measures to protect themselves from the assaults and violent acts of your brother because his behavior is not continuously bad and his insane act occur occasionally, therefore there can be no permanent solution for this except to get him admitted to mental asylum whenever he becomes violent and vigorous and out of control. 
T Kalaiselvan
Advocate, Vellore
13911 Answers
127 Consultations
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1. Your brother is mentally ill and requires treatment and not any police action,

2. Consult with a psychiatrist and start his treatment as otherwise he may permanently go out of his mind,

3. His behaviour caused because of his mental illness will not attract any action by the police against him except maintaining law and order in your house and locality,

4. You shall have to fix a mental hospital who provides aides to take the patient to the hospital by applying physical force,

5. Inform the date of his shifting to the hospital to the police in advance.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
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1. No, you shall have to convince your parents for giving consent for the treatment of your brother,

2. You can request the councillor of your local municipal corporation and/or local police to help you by talking to your parents in this regard. 
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0

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