You have a legal right to have an attorney appointed to you in a "criminal" matter if you are indigent and cannot afford to retain an attorney. If your brother was actually charged with a criminal complaint for domestic violence, then his first court appearance will be his arraignment. At this time, the Judge will inform him that he has the right to an attorney and that an attorney will be appointed for him if he is indigent and cannot afford to hire one himself. This only applies to "criminal" matters, and not Protective orders as these are often "civil" matters.