What Are My Legal Options If My Brother Assaults Me and Throws Me Out of the House in Ohio?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
What can I do if my older brother beats me up and throws me out of the house after he started the fight? My whole family watched and recorded it, laughing at me.
I appreciate you what do we do?
Attorney Answer
If your brother physically assaulted you, Ohio law treats that as a crime you can report, and you do not have to sort out the housing question on your own.
Under Ohio law, knowingly causing or attempting to cause physical harm to another person is assault (Ohio Rev. Code § 2903.13). Because you and your brother appear to live in the same household and are related, this may also qualify as domestic violence under Ohio Rev. Code § 2919.25, which covers violence between family or household members, including siblings who reside together. Domestic violence charges are taken seriously in Ohio and can lead to a protective order that keeps your brother away from you.
Steps to take: - Call the police and file a report as soon as you can, even if some time has passed. Describe what happened, including that he started the fight. - Ask that the video your family recorded be preserved. That footage, along with statements from anyone who saw it, can support a police report or a later protection order request. - If you were injured, see a doctor and keep photos, medical records, or receipts. - Consider asking a court for a civil protection order under Ohio Rev. Code § 3113.31, which can require your brother to stay away from you regardless of whether criminal charges are filed.
On being put out of the house: whether your brother could lawfully make you leave depends on whose home it is and what right you have to live there. If you are on a lease, or if this is a shared family home and you have permission to be there, a sibling generally cannot force you out through violence or self-help; any formal removal has its own legal process. If you have somewhere safe to stay right now, that is the priority while you sort out the longer-term housing question.
Because your age, your brother's age, whether you were hurt, and who has legal rights to the home all change the answer here, a local Ohio attorney, or your local prosecutor's victim advocate, can walk through your specific situation and help you decide between a police report, a protection order, or both. This is general legal information, not legal advice, and a local Ohio lawyer can advise on your specific situation.
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Courts & Legal Aid in Ohio
- File or look up a case through the Supreme Court of Ohio, which serves the state.
- Get free civil legal help from Ohio Legal Help.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can I get a protection order against my brother in Ohio if we live in the same house?
Yes, Ohio law allows you to ask a court for a civil protection order against a family or household member, including a sibling you live with, if they caused you physical harm. The order can require your brother to stay away from you and avoid further contact.
Do I need visible injuries to report this as assault?
No, you can file a police report even without visible injuries, since assault under Ohio law covers attempts to cause physical harm as well as harm that actually occurred. Video footage and witness accounts can support your report even without medical proof.
What if my brother owns the house and says I have to leave?
If he holds legal rights to the property that you do not share, he may be able to ask you to leave, but he still cannot use violence to force you out. If you believe you have a legal right to stay, such as being on a lease, a local attorney can advise you on your specific housing status.
