Research in Brief
Domestic violence in ethnocultural communities: The potential impact on the identification and response to domestic violence by family law lawyers

This summary is based on the report entitled “Domestic Violence in Ethnocultural Communities: The Potential Impact on the Identification and Response to Domestic Violence by Family Law Lawyers” by Archana Medhekar, Purnima George, Bethany Osborne, Ferzana Chaze, and Hafsa Alavi^{Footnote 1} (2020).

Background

This paper was written to highlight the need for legal practitioners to take into consideration the unique circumstances faced by clients from ethnocultural minority communities who are immigrants. Immigrant women face multiple intersecting barriers and unique challenges due to the settlement process and therefore may be more at-risk of experiencing domestic violence (DV)^{Footnote ii}. As outlined in this report, the legal system does not have appropriate strategies in place to address the needs of immigrant women to help them overcome systemic barriers in the legal system. Intersecting identity factors, such as class, gender, race, religion, and ethnicity, also influence their ability to access legal recourses.

Method

This report gathers key findings from three separate sources:

• a literature review
• a comparative analysis including 15 immigrant women who have experienced DV in Canada – all varying in age and with various religious backgrounds, educational levels, English proficiency levels, numbers of children, and numbers of years married
• the lead author’s own professional experience as a lawyer specializing in family law supporting immigrant women experiencing DV 

Key findings

The study found that women face various barriers when disclosing DV and seeking support. These include financial and language barriers, religious beliefs that discourage separation or divorce, social isolation, missing community supports, a lack of knowledge of their rights and the legal systems, fear of enforcement authorities, fear of losing their children to the child welfare system, and fear of losing their immigration status. Immigrant women experiencing DV may also encounter inaccessible social services that do not meet their needs, challenges in relation to the requirements of the legal system, and negative responses from enforcement authorities and immigration authorities.

However, according to this research, there are several factors that promote disclosing DV. For example, the length of time the women have spent in Canada, their personal background, such as education, work experience, financial independence, and the availability of a broader social support network, can provide a safety net when immigrant women are seeking to leave abusive situations. Moreover, people experiencing DV may be more willing to disclose their experiences to protect their children, whose behaviour and psychological wellbeing can be affected negatively by exposure to DV. Women may also be more comfortable disclosing their experiences to law practitioners who understand and respect their religious and cultural backgrounds, who have a recognition of the impact of DV on the mental health of victims and survivors, and who can adapt relevant trauma-informed techniques to interviewing and evidence-gathering.

In addition to highlighting the most common barriers that discourage immigrant women from disclosing their experiences with DV, the report also includes recommendations for family law practitioners to effectively address the unique and complex needs of immigrant women. Among the recommendations, the report highlights that legal practitioners should take training on diversity. From the outset, they should use a trauma-informed^{Footnote iii} , culturally safe approach^{Footnote iv} and a strengths-based framework.

Policy and program implications

To improve the effectiveness of strategies for addressing DV, the complexity of immigrant women’s needs must be considered. This involves providing training to family law practitioners on promising and/or best practices when working with clients who are immigrant women. Practices might include equity and diversity mandatory training. Training and professional development should focus on unconscious biases, anti-racism, anti-discrimination, and culturally safe practices. It is also important that family law practitioners fully understand the impact of intersecting identity factors, such as cultural background, religion, gender, class, ethnicity, and immigration status, and how they are linked to the oppression of ethnocultural minority communities.

It is also critical for practitioners to communicate effectively and to consider language barriers and the varying proficiency levels in English and/or French of their clients. Practitioners should simplify complex information, including how the legal system works and the rights that immigrant women have, and outline every step of the legal process. By staying informed, clients will have a much better idea of what to expect and feel more confident in working with the legal system.

Conclusion

It is important for legal practitioners to understand the barriers that immigrant clients face when seeking legal supports. An intersectional approach allows legal practitioners to understand how people with various backgrounds and identities are impacted by different policies.