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Limited English Proficient (LEP) and/or English as a Second Language (ESL) Applicant Experiences with a Civil Protection Order Court.

Wed, Nov 16, 11:00am to 12:20pm, Hilton, Eglinton Winton, 2nd Level

Abstract

Civil protection orders (POs) protect applicants from abuse by a current or former spouse, domestic partner, intimate/dating partner, relative, housemate, someone with whom the applicant has a child in common, or someone who the applicant is/was in a relationship with. The issuance of a protective order is dependent on several factors involving level of threat and abuse experienced, perceived future harm, as well as the ability of the applicant to articulate their abuse and apprehensions of continued threat to the court. Since the vast majority of PO applicants file without legal representation, they place their trust in the justice system including victim advocates, courtroom personnel, and judges. These actors function as “gatekeepers” to a complex legal system and play a pivotal role in the PO process. However, in the absence of an attorney or victim advocate, Limited English Proficient (LEP) individuals and/or English as a Second Language (ESL) individuals have a greater reliance on courtroom interpreters, as they articulate their experiences of abuse to the judge. In analyzing over 300 protection orders cases from a western state, this paper will discuss some preliminary findings LEP and/or ESL applicants’ experiences with civil protection orders.

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