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. If your spouse or partner is violent, threatening, controlling, or abusive, you must take all steps necessary to protect your safety and the safety of any children you may have.
Ontario’s public guidance specifically advises that if you are in immediate danger, you should call 911. Once you are safe, you should know that legal protections, such as restraining orders and exclusive possession of the family home, may be available to you.
Abuse can affect family law issues such as parenting arrangements, decision-making responsibility, child support, spousal support, property issues, and more. At Gelman & Associates, our Toronto domestic violence lawyers assist clients with safety-focused family law matters in the city and across Ontario.
We can help you understand your options and take steps to protect your rights. To find out how we may be able to help, call us at (844) 736-0200 or contact us online to schedule a fully confidential consultation.
Domestic Violence And Family Law In Ontario
Domestic violence can take many forms. It is not limited to physical assault. In family law matters, abuse may also include:
- Sexual abuse
- Threats
- Harassment
- Coercive and controlling behaviour
- Stalking
- Intimidation
- Financial control or financial abuse
- Any conduct that causes a family member to fear for their safety
Federal family justice materials emphasize that coercive and controlling violence can be especially dangerous and may continue or escalate after separation.
This is important because family violence is directly relevant to family law decision-making. Under the current Divorce Act, when a court is deciding parenting arrangements, the child’s physical, emotional, and psychological safety, security, and well-being must receive primary consideration. Judges must also consider the impact of family violence on the child and on the ability of a parent to care for the child or cooperate with the other parent.
Signs Of An Abusive Relationship
Many people think first of visible physical violence, but abuse in a relationship often includes a wider pattern of harmful behaviour. A partner may be possessive, highly jealous, threatening, isolating, humiliating, sexually abusive, physically violent, or controlling in ways that make the other person feel afraid or trapped.
In many family law cases, the problem is not one isolated event but an ongoing pattern of control. That pattern can become even more dangerous when one spouse attempts to separate from the other.
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What to Do if You Are Facing Domestic Violence at Home
If you are in immediate danger, call 911 or your local police service. If you live in Ontario, you may also have access to the Victim Support Line. Your immediate safety should come before you consider any legal strategy.
If it is possible and safe to do so, you may stay with a trusted family member or friend, or seek shelter and community support. You may also need to think about practical safety steps such as keeping important identification and medication accessible, having emergency contacts available, and making a plan for your children.
After urgent safety concerns are addressed, advice from a domestic violence lawyer can help you understand what family law steps may be available to you, including restraining orders, parenting-related relief, exclusive possession of the family home, and support-related claims.
How a Toronto Domestic Violence Lawyer Can Help You
In the context of family law, there are several legal steps you can take to protect yourself and your family from domestic violence, in whatever form it may take. Our Toronto domestic violence lawyers at Gelman & Associates are committed to keeping our clients safe through whatever legal means we can employ.
Exclusive Possession of the Family Home
If you are married and 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.
Restraining Orders Against Violent Spouses or Partners
In some situations, you may be able to file a restraining order against a party who has carried out domestic violence. An experienced lawyer can help you apply for a restraining order against a current or former spouse or partner where there are reasonable grounds to fear for safety. That guidance also makes clear that if a restraining order is disobeyed, police may become involved.
A restraining order can be an important part of a broader safety plan, but it is not the only step that may be needed. Under Ontario family law, restraining orders and exclusive possession orders may not, on their own, be enough to stop a violent person from causing harm. That is one reason legal planning and safety planning often need to happen together.
Can Domestic Violence Affect Parenting And Decision-Making Responsibility?
In most cases, a history of domestic violence can affect how parenting arrangements are set upon a separation or divorce. Children who live with family violence are at risk of both short-term and long-term harm, even where the violence is not directed at them personally. As a result, judges must consider the impact of family violence when making parenting decisions.
In practical terms, this means a court may consider the nature, seriousness, and frequency of the violence, the risk of harm to the child, the abusive parent’s ability and willingness to care for the child, and whether there are related criminal, child protection, or civil proceedings and orders already in place. Parenting cases involving domestic violence require particularly careful legal analysis because safety, evidence, and consistency between court orders can all become critical issues.
What Evidence May Be Needed In A Domestic Violence Family Law Case?
Family violence often happens in private, which can make gathering or displaying evidence difficult. Evidence is generally required to successfully file a restraining order or request exclusive possession of the family home in court. In past domestic violence cases, our legal team has gathered evidence such as:
- 911 call records
- Written statements or testimony from witnesses
- Photographs of injuries
- Recordings of dangerous events
- Medical or hospital records
- And more
Depending on the case, relevant evidence may also include threatening messages, emails, police records, prior court orders, counselling records, or documentation showing a pattern of coercive or controlling conduct. This does not mean every case will have every kind of evidence, but it does mean that preserving information safely can be important.
Speak With Our Toronto Domestic Violence Lawyers Confidentially Today
At Gelman & Associates, we understand that domestic violence cases are not ordinary family law files. Clients dealing with abuse are often trying to manage safety concerns, parenting fears, urgent housing issues, financial uncertainty, and emotional strain at the same time. Our role is to help clients move forward in a way that is informed, practical, and focused on protection.
If you are dealing with domestic violence in your marriage or relationship, safety comes first. Once you are safe, our Toronto domestic violence lawyers can assist you with urgent family law issues involving safety, parenting, support, and the family home.
To book a consultation, contact Gelman & Associates at (844) 736-0200 or reach out through the firm’s online contact page. All consultations with our lawyers are confidential and secure.
