NJ domestic violence victims don't always speak English. Language access is critical | Opinion
When victims of domestic violence speak to law enforcement, miscommunication and misunderstanding is common, even when all parties are fluent English speakers. Confronted by an authority figure who asks questions in an interrogating way, victims may not feel safe to disclose all of the relevant information to police or may provide emotional and seemingly jumbled accounts because of the impact of extreme trauma and fear. These challenges only multiply when the survivor has limited English proficiency or is deaf. Police can easily miss or misinterpret important information when they lack a nuanced understanding of the victim’s language. Language access is critical to ensuring that all survivors can navigate legal processes and access domestic violence services to avoid revictimization.
As part of Partners’ study, “In Their Own Words: Domestic Violence Survivors on Seeking Safety and Police Responses,” our policy team interviewed about 10 primary Spanish speakers with limited English proficiency who had sought police assistance for a domestic violence crime. Even though survivors were ultimately successful in connecting with Spanish speaking officers, they reported concerns around wait times and identified a pattern of officers responding to the English-speaking harm doer as the first point of contact, rather than the victim.
Such problems are amplified when the police are unable to identify a member of the force that speaks the same language as the victim. The harm doer may deliberately misrepresent the facts or paint the victim either as the perpetrator or as someone suffering from mental illness. As Navneet Bhalla, executive director of Manavi, an organization serving South Asian domestic violence victims, explains: “The person who can speak English is perceived as the credible one.” Furthermore, the reliance on family members or friends to translate in the absence of trained interpreters can introduce a lack of reliability, given potential conflicts of interest, and amplify trauma, especially for children. These practices systemically silence and disempower LEP and deaf and hearing-impaired survivors and can further jeopardize an already vulnerable victim’s safety.
The need for robust language access is apparent in a state as diverse as New Jersey. According to 2021 Census Bureau population estimates, over 22% of New Jersey residents are foreign born and over 31% speak a language other than English at home. Police departments generally lack policies addressing language access, with the exception of guidance from the Attorney General, regarding communications with deaf and hearing-impaired individuals. The burden rests upon victims to request an interpreter, rather than upon the police, and one might not be available at the police station, as many police departments do not have funding for interpreting services. By contrast, the New Jersey judiciary has a more robust language access framework under the New Jersey Judiciary Language Access Plan, which provides for interpreting services and the translation of documents.
One positive development is that the recently updated New Jersey Domestic Violence Procedures Manual now directs that law enforcement agencies “shall have clear policies and procedures regarding language access and will make best efforts to communicate with victims in the language most comfortable for them.” The Office of Attorney General should build upon this directive and provide specific guidance and technical assistance for statewide implementation of improved language access practices. Local police departments can undertake language competency testing of officers serving as volunteer interpreters, arrange for training with staff from the Deaf Advocacy Project of the New Jersey Coalition to End Domestic Violence, and generally prohibit the use of family and community members for interpretation. Passage of language justice bills S2459/A3837, which requires all executive agencies to develop language access plans, and S1000/A1704, which requires the translation of restraining orders, as well as the Values Act S512/A1986, which protects immigrant survivors from deportation when they report to the police, are also essential steps. The adoption of such measures is key to building necessary trust and cross-cultural awareness between immigrant and marginalized communities and law enforcement and expanding accessibility and justice for all New Jerseyans.
Trish Perlmutter is policy counsel at Partners, a nonprofit public interest law firm and provides free legal assistances to low-income survivors of domestic and sexual violence who are seeking restraining orders.
Sandra Chen is a junior at Princeton University and was a summer intern at Partners though the Princeton University Internship in Civic Service.
This article originally appeared on NorthJersey.com: NJ domestic violence victims deserve language access equity
