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

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From the Blog

Latest posts from the Gelman & Associates blog

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13 Mar 2019

Court Determines That it Lost Jurisdiction in Custody Dispute

Is it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan. The Parties’ Story In 2011, the parties …

Court Looks At Whether It Has Jurisdiction To Order Reunification Therapy

Issues around custody and access to children can be one of the most stressful aspects of a separation or divorce. These issues can become more contentious when one parent is denied access to a child, or when one parent tries to influence the relationship between the child and the other parent. In a recent decision …

Does a Child Getting Older Constitute a “Material Change in Circumstances” When Varying Parenting Time?

An Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time. The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …

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