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
FAQ’s Domestic Violence:
In most cases, domestic violence arises because of the other spouse’s need to control. This is a behavior associated with wanting to exercise power over the other.
According to statistics, Ontario has the highest count of domestic violence. As of July 2021, 5,892 men are victims of domestic violence, while 24,293 are women.
There is no specific charge or law for domestic violence in Canada. Domestic or family violence is treated as a crime. Violence related to; neglect of the family, physical, psychological and other forms of abuse merit an equivalent offence under the Canadian Criminal Code.