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Season 1 Episode 2: Legal Advocacy for Domestic Violence Survivors- Zakia Afrin & Nandini Ray

RADIO SHOW BROADCAST ON JANUARY 18,2020 at 4 PM ON RADIO ZINDAGI 1170 AM

In this episode, Zakia Afrin shares information about Maitri's Legal Advocacy Program and important information and resources for Domestic Violence survivors.

Read the full transcript of this episode below.

Maitri Legal Advocacy Program began in 2006 with a simple objective, supporting Survivors in the South Asian Community through their legal process. Restraining order paperwork and count accompaniments were the most commonly offered services we provided the, In 2020, the Legal program has grown manifold and we engage in direct legal services, immigration assistance and Policy Advocacy efforts.

People reach out to us for many different reasons. It could be as simple as, where can I file my case? I am going through this, abuse, what are my options? Or As complex as I have lost custody of my children, the department of children’s services are contacting me , what should I do now? And many other complexities, These are the many layers of Legal Advocacy need people reach out to Maitri for. Currently we have the capacity to help individuals with restraining order and other family law paperwork, Onsite free consultation with attorney, accompaniment to court and other systems related meetings among many other services.

Court accompaniment is one of the most requested services at our agency. Going to the court itself may feel unpleasant; there is a security post, police standing in the entrance, and the feeling of standing in front of a Judge who have enormous power over one’s private life. That is very intimidating and overwhelming for many of our clients who are immigrants. They may not have family and friends to be with them or they are not comfortable sharing their court issues with them. Because of the stressful situation, clients may not be in a position to comprehend and may not grasp what is going on. That's where Maitri comes into picture. We have dedicated staff and volunteers who sit with survivors in court and take notes and listen to what the Judge and attorney says. Most important role for a Maitri support person is to provide emotional support before, during and after the court hearing.

Maitri is a unique service provider in the bay area and culturally responsive organization that supports south Asian immigrant victims of DV. Of Course our services are open to help others too but we specialize in helping South Asian survivors. Our staff members and volunteers speak Telugu, Tamil, Kannada, Bengali, Hindi, Marathi, Gujarati, and Punjabi among others.

Cultural Responsiveness is at the heart of our organization. We recognize that culture is not just about food we eat and clothes we wear. It’s also about cultural beliefs and experiences, understanding the challenges and the resistance that is prevalent in a society. It informs how a person from a specific community reacts to violence. For example, how survivors interact with police depends on their experiences in their countries of origin. Because of our experience with serving the South Asian community, Justice Systems around the Bay area counties refer clients to us.

There are a number of barriers for individuals in reaching Maitri for help. Many callers who come to Maitri are new immigrants and they don’t have a support system and don’t have any information about how to get help. One of the tools abuser use is misinformation about safety and how that relates to one’s immigration status. Often times we see an abusive spouse scaring a new immigrant with deportation if they try to seek help. We try to counter this by providing community outreach and awareness campaigns.

Many times people feel the laws in the states do not apply to them since they are not citizens and may have been married in a different country. This is far from truth. When we immigrate, we sign on to the laws of the country we choose to immigrate to. Even though the family law structure is very different in South Asia compared to CA and other states in the USA, most of the time individuals are subject to the laws of the States they are residents in. For example, laws relating to marriage, divorce, spousal support, custody arrangements, inheritance are other family law concerns are heavily influenced by religious dictates in South Asian countries. It is very different in the US and people struggle with accepting or understanding it. This is another major part of the Legal Advocacy Program; Providing Legal information about the applicability of laws and moving forward with available options , all in consultation with supportive attorneys and agencies.

Many people complain about their attorneys and feel they are not being served properly. Few things we ask to keep in mind while hiring or working with an attorney: both client and attorney must be respectful to each other, client makes factual decisions for her case where attorney’s role is to providing legal advice on any choice client is making, attorney client agreement must be read, understood and respected once its signed. Conflicts arise when clients may not have paid attention to the fees structure while in a hurry to hiring an attorney or attorney is making decisions for the client without understanding the client’s reservations about them. At the legal advoacy program, we help individuals throughout the process of working with an attorney.

Together with cultural responsiveness, language access in another broad area that envelopes all of our services. In California people speak more than 256 languages. Some languages are less spoken than others and it’s very hard to find interpreters in those languages. That’s where we try to provide avenues for interpreters for our clients. We try to make sure survivors have interpreters when they need one in official settings and the standard of the interpretation is maintained as with any other major language. Many Asian interpreters are not certified officially but merely registered as certification process is not there. There is not enough oversight on this as well. We focus on language access advocacy to underscore the need for certification in Asian languages and provide input whenever there is an avenue available.

At Maitri, immigration related safety is part of our safety planning for a survivor. With the current administration, we are seeing may new regulations sending fear waves throughout the immigrant community. We say to survivors: Police has the duty to respond to call without inquiring about your immigration status. If it is a life threatening emergency, just call 911. Many clients are on dependent visa. They fear calling the police may result in them losing their status. We encourage people to always consult attorney before making a decision but never to jeopardize physical safety. This is the 25th year of Violence Against Women’s Act that created immigration options provisions for many DV victims. However, It does not apply to everyone. It is very important to make an informed decision when immigration is concerned. For the past months, we have focused on providing general information to the immigrant survivors: how you can be safe, what to do during an interaction with police etc. There are many Know your Rights presentation available in every county, it is highly recommended for immigrants in general and survivors of DV in particular.

It is really important for a family or individual to understand the other party before getting into a marital or live in relationship. If there were previous relationships, marriages, try to find out how that may have ended. This may give a clue to someone’s personality. Is an individual being nice with a prospective bride or partner while being derogatory about women in general? That is a red flag and may point to gender insensitivity. Having the difficult conversation about whether the new couple would be living in a joint family structure or otherwise? Whether the bride would be allowed to resume studies or continue professional pursuits? Often these important topics are lost in the glamour of wedding ceremonies and later on surface to create a strife. Now all of these precautions may or may not work, it may at least help a few make informed decisions. But this is not a full proof guarantee. In a relationship, one spouse is only a half and with no control over the other half’s behaviors. That why organizations like Maitri is there to help. Whether you need emotional support or legal know how to be safe, reach out for our non judgmental and confidential services.

The Maitri helpline number is 1-888-8Maitri or 1-888-862-4874

Follow Maitri Bay area on Facebook and Instagram @maitribayarea.

You can call us Monday through Friday from 9 am to 3 pm on 1-888-862-4874.

For after-hours leave a voicemail in your language. You can email us: maitri@maitri.org