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.

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.

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

From the Blog

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16

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We’ve previously blogged about division of property, and the critical role this plays following a separation and/or divorce. This week, we review a commonly asked question: what happens if a former spouse misses the deadline for applying for division of property? This issue was explored several years ago in Martynko v. Martynko. What Happened? The …


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Email Communications After Divorce: Be Careful What You Send

Electronic communications, whether via email, text, or social media, have become a regular part of life for most people. However, most people do not take the time to reflect on what impact their online and electronic activities may have on significant parts of their life, including potential family law disputes. A decision by an Ontario …


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Are Personal Injury Structured Settlements Considered Property or Income in Divorces?

The Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization.  The Court ruled that structured settlement funds should be treated as income in divorce proceedings. What Happened? The parties were married in December 1995. It …


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