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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13

The Importance of Obtaining Independent Legal Advice in a Family Law Dispute

A recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce. What Happened? The parties separated in 2005, after eight years of marriage, …


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04

Involving the Office of the Children’s Lawyer: Custody and Access and the Best Interests of the Child

An Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children’s Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA). What happened? The parties were married in July 2013 and separated in …


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28

Non-Parental Access to a Child: What Will Court’s Consider?

An Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father). What Happened? The man in question (the Applicant) was not the biological father of …


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