I read a fic a while back that started with the DoM event, where Voldemort shows up earlier and tried recruiting Hermione for her brother, and shifting back to the orphanage that Hermione and her brother (the name is Thomas if I remember it correctly, or something near that?) that was attacked by some of the death eaters but the brother injured them. Turns out the orphanage knows about magic and trusts Hermione and her brother regarding their safety. It is stated that her brother rejected going to Hogwarts because he says it's just an invitation and he is not obligated to go. He is dark enough or gray at best and if push comes to shove, he would choose to end Hermione rather than having her suffer from her tormentors. He showed up at the DoM at that point and Dumbledore invited them to Hogwarts and the brother insisted on them dorming into Slytherin because he likes it more and refuses being away from Hermione.
Thank you!