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Domestic Violence

Compassionate, Experienced, Family Law Lawyers Representing Victims of Domestic Violence

Domestic violence is a serious issue and a serious crime. Each year, over 40,000 arrests result in Canada from domestic violence. Violence can be an ongoing threat, wherever you are. Therefore, if your spouse is violent, you must take all steps necessary to protect your safety and the safety of your children. Focus on your legal issues only after you are safe. Once circumstances allow, victims of domestic violence should seek the advice of a family law lawyer to ensure their rights are protected with respect to issues such as exclusive possession of the family home, child custody and access, property division and child support.

Serving six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough, the lawyers at Gelman & Associates are compassionate and understanding with clients, while still aggressively protecting their rights. Our goal is the psychological and financial well-being of our clients to enable them to effectively start the next chapter of their lives. To this end, in addition to outstanding legal counsel, our firm also offers our clients a free consultation with a psychological professional if required.

Signs of an Abusive Relationship How to Handle Domestic Violence at Home
  • Your partner is possessive.
  • Signs of jealousy are prevalent in your partner.
  • Your partner physically or sexually abuses you.
  • Contact the authorities as soon as possible.
  • Stay with your trusted family member or friend.
  • Learn about your rights.

Exclusive Possession of the Family Home

If your spouse is violent, you can request that the Court grant you exclusive possession of the family home. In other words, you can force your spouse to leave your home so you can stay there regardless of who has title to the property. An exclusive possession order does not, however, nullify any financial rights related to the matrimonial home.

In making an order for exclusive possession, a judge will consider a few factors, including:

  • whether there was abuse in the relationship;
  • whether there is another suitable place for you to live;
  • whether it’s best for the children to remain in their home; and 
  • your financial position.

Pro Tip

Always keep a list of your emergency contacts at all times so that it’s easier to ask for help when you need it the most.

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If you are Dealing with Domestic Violence in your Marriage, contact our Family Lawyers at any one of Our Six Offices throughout Ontario for assistance

Serving offices throughout North York, Downtown Toronto, Mississauga, Scarborough, Aurora and Barrie, our offices are easily accessible by transit and off-highway. Contact Gelman & Associates to learn how our experienced family law lawyers can protect your rights against a violent or abusive spouse. Our phone lines are open Monday to Friday from 8 AM to 8 PM. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for an initial consultation.

Frequently Asked Questions

If the person doesn’t feel comfortable leaving, you can still assist them in developing a safety plan that they can use if the violence occurs again or if they want to escape later. Simply creating a plan can assist them in seeing whatever tasks are required and help them psychologically prepare themselves.

While domestic violence is often linked to physical abuse and violent behavior, emotional abuse can also constitute domestic violance. In fact, domestic violence includes a broad range of abuse, such as physical, sexual, psychological, and verbal.

Physical violence, sexual violence, emotional violence, psychological violence, spiritual violence, cultural violence, verbal abuse, and financial abuse are among the types of violence anyone can experience within a marriage.

Photographs of the scene and injuries, obtaining medical evidence of any injuries, a recording of the emergency response call, and talking to family and friends are all considered essential evidence in a domestic violence case.

A batterer is someone who physically abuses a kid, another person, or a spouse.

Yes, there they can. Domestic violence against males can take many forms, including physical, emotional, verbal, and sexual assault. Men are abused significantly more frequently than you may think in heterosexual and same-sex relationships. It affects males of all ages and occupations, from many cultures and walks of life.

While individuals have the ability to change, they must have a strong desire to change and be devoted to all parts of change in order to do it, and even then, it’s much easier said than done. Only a small fraction of abusers actually change their habits.

It is important not to say anything that makes the victim feel like it is their fault or like they could have stopped it if they had done something differently. Do not downplay their story by telling them that many people in their situation have problems. Do not interrogate them as to why they never left the relationship earlier. Do not ask what they did to provoke the abuser or tell them that there are two sides to a story. Saying these types of things will not help the recovery or escape process. You will most likely only be affirming the abuser’s threats and manipulation tactics.

Still have family law questions?

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If you need legal advice regarding family violence & domestic orders matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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