Oy vey. So does this mean the restraining order was for your older brother to the younger one, or from your niece? I’m afraid this might make me sound like a nincompoop, but if I understood you correctly, the restraining order is against your younger brother and the niece is the one who helped him file it?
Strictly speaking, it isn’t illegal. Denying someone entry to their own property, even shared, is a crime. This is likely the reason the restraining order was granted, especially if the person claims that younger brother A is poisoning older brother B, without any evidence that this was happening and with a less violent/disheveled appearance at court, is part of why they granted to restraining order. It can either expire or you can see if it was granted in error, but judges who practically give these things out like candy, usually always err on the side of caution, i.e anyone that can cause harm to the other (claiming party needing protection) will usually always be granted. Having it overturned or moving the brother in, is your prerogative, but I cannot see that the other family members (the ones who basically want him to live by himself) really have a direct say in things unless you also live together. Without the holder of the restraining order living there, it leaves your incarcerated brother with a place to stay at least. Legal counsel might attempt to negotiate on your younger brothers behalf, but the older one has better standing in the eyes of the law.
As to the stalking and delay in sentencing, of what I gleaned from CA legal code in regards to stalking, they have stronger bylaws than most states when it comes to determining a case. The stalking must be reported and submitted to a PD with some sort of either physical proof, video surveillance, or with a physical description of the person involved at least 3 separate times for them to take it to court. Piecing together what the claimant makes in charges against your brother in terms of dates and times, to a timeline that you can prove he wasn’t there or couldn’t have been there is probably the strategy his counsel will go with.
The problem is if he is non-verbal, it’s damn near impossible for defense to even begin looking for evidence to corroborate he hasn’t done what the prosecutor claims. He may have also waived his counsel and whether or not they put in a filing of no confidence, (on the part of your brother to represent himself) is entirely on his pro-bono team. If he was mostly lucid at the time of his first meeting with them (it’s always recorded either via phone or camera) , there isn’t much they (his legal team) can do without some sort of order for another assessment. Covid hasn’t helped the state of the courts, and fighting the case with a less than communicative or cooperative brother is bound to throw wrenches in the strategy for his defense and his opposition. The wheels of justice turn slowly, I’m afraid.
Please seek out the San Diego legal council recommended above. 211 often has resources for low income or the mentally ill, in either legal counsel or further health assessments that may speed up the process of figuring out what is going on with your brother.
I am so sorry you are going through this.