A bill was signed into law on Monday by Governor Kathy Hochul expanding protections in domestic violence cases in criminal and family court. This legislation recognizes that domestic violence does not just impact a person who is or was in an intimate relationship with an abuser — it impacts their family and household members as well.
Under this legislation, all family and household members will be afforded the same process in court, including the ability to obtain an order of protection. Previous laws only allowed unrelated children under the age of 18 to be included on the adult family member’s order of protection. Additionally, this legislation will allow these family and household members to file family offense petitions in Family Court.
Melanie’s Law is named after Melanie Chianese, who was killed by her mother’s ex-boyfriend while he was awaiting sentencing after pleading guilty to a domestic violence felony. Melanie’s mother, Cheryl Chianese-Cavalli, was able to get orders of protection for herself and Melanie’s four-year-old son, but Melanie was ineligible because she was 29. Governor Hochul was joined at the signing by Melanie’s mother. Melanie’s Law recognizes the importance of protecting those close to a victim, as in many cases, those who harm will use any method to establish power and control over their partner, including hurting those who matter most to them.
Mother of Melanie Chianese, Cheryl Chianese-Cavalli said, “Today is a big step forward for domestic violence. Melanie’s Law will save lives and her legacy will live on forever in our hearts.”
“Melanie Chianese should be standing with us today, along with countless New Yorkers lost at the hands of senseless and preventable acts of domestic violence,” Governor Hochul said. “By signing Melanie’s law, we are committing New York State, our law enforcement and our legal system to the fundamental principle that every person deserves to be protected.”
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