O.K. there is a common misconception here, and it appears that the police made a typical mistake. From your question it states that you have "restraining order" against him. What you probably have is a domestic violence or repeat violence injunction against your brother. If this is the case, then what the police misunderstood is that the Injunction only runs one way. You do not have to stay away from him, rather, he must stay away from you. You violate no laws be speaking with him, being near him, or contacting him. Only he gets in trouble for that.
Now it is true that if you tried to contact him or put yourself purposely in proximity to him, he would have a good case to dissolve the Injunction claiming that you really are not afraid of him anymore.
Thus, you can talk you your mother all you want even if he is there. It probably would not be wise for you to do so, but you could.
Lastly, unless the Injunction prohibits him from going to your mother's residence, or unless her residence is within the distance restriction he must keep away from you, then the police got that right. He can go there for so long as she lets him.
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