Melanie's Law S.6288/A.6026 Allows Courts To Issue Orders of Protection to Immediate Family Members or Household Members of Named Victims, Regardless of Age

S.6288/A.6026 Closes Loophole That Limited Protections to Children Under 18

Governor Kathy Hochul on Nov 25th, signed legislation 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. On Nov 25th’s action, on International Day for the Elimination of Violence against Women, expands on Governor Hochul and the Legislature’s commitments to keeping all New Yorkers safe and combating domestic violence.

“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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Melanie’s Law is named after Melanie Chianese, who was tragically 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.”

State Senate Majority Leader Andrea Stewart-Cousins said, “With Governor Hochul’s signing of Melanie’s Law today, New York takes a significant step forward in strengthening protections for survivors of domestic violence and their loved ones. I commend Senator Michelle Hinchey for her determination in championing this law and thank our partners in the Assembly for their collaboration in getting it done. Above all, I want to express my deepest gratitude to Melanie’s family and the advocates who have turned their pain into purpose, working tirelessly to make this law a reality. Their courage and determination will provide safety and peace of mind to countless families across our state.”

State Senator Michelle Hinchey said, “Today, thanks to one mother’s extraordinary courage and advocacy for change, Melanie’s Law, championed by her mom, Cheryl, is now law. Domestic violence leaves a trail of trauma that impacts entire families, and when people come forward for help, they deserve a legal system that offers protection and compassion. I’m proud to sponsor Melanie’s Law, which will help do that, allowing orders of protection to now extend to relatives of DV victims, providing a safeguard for those who often bear the ripple effects of abuse. My deepest thanks go to Governor Hochul for signing this vital legislation and Cheryl Chianese, whose advocacy has provided families with a stronger voice in their fight for safety through Melanie’s Law.”

Assemblymember Brian Cunningham said, “Government is about solving problems and protecting people. Today, we did both. The passage of Melanie’s Law will finally close a harmful and deadly loophole to legally protect friends, roommates, and family against violent and emotionally abusive abusers. Now, an abuser cannot escape the rule of law or redirect the threat of emotional or physical violence toward a survivor and the people they love.”

The signing comes one month after more than 250 professionals from across the state arrived in Albany to attend “Learning the Signs: Assessing the Risk of Lethality in Domestic Violence Cases” — the state’s first-ever summit of its kind — hosted by the state Office for the Prevention of Domestic Violence (OPDV) and the State Division of Criminal Justice Services (DCJS). The two-day training provided law enforcement agencies, attorneys, social services staff, gender-based violence services providers and other professionals with the necessary training and tools to assess danger in domestic violence cases and respond in a survivor-centered, trauma-informed and culturally responsive manner.

Earlier in October, Governor Hochul announced a record-level, $35 million state investment to improve the public safety response to intimate partner abuse and domestic violence and better address the needs of victims and survivors.

“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.” -- Governor Hochul

New York State Office for the Prevention of Domestic Violence Executive Director Kelli Owens said, “No one should feel helpless to protect their children, no matter how old they might be, from their abuser. Thank you, Governor Hochul, and our legislators, for taking this step to offer peace of mind and save lives. OPDV is dedicated to raising awareness, working with law enforcement and domestic violence professionals to better assess lethality risk factors, and ensuring the needs of victims and survivors are met in a survivor-centered, trauma-informed, and culturally responsive way.”

New York State Office of Victim Services Director Bea Hanson said, “Melanie’s Law recognizes the far-reaching impact of domestic violence and the danger that an abuser may pose to other individuals, not just their intimate partner. I thank Governor Hochul and the Legislature for closing this loophole and for their steadfast support of victims’ rights.”

New York State Office of Children and Family Services Commissioner Dr. DaMia Harris-Madden said, “Domestic violence is an insidious malady that not only has a devastating effect on the target of abuse but has a traumatic impact on the children and all other family members in the home. I applaud Governor Hochul and the advocates for signing this potentially life-saving legislation that closes a dangerous gap in the law and will enable Family Court to issue orders of protection to anyone in a family or household who could be in danger from a domestic abuser.”

The New York State Office for the Prevention of Domestic Violence is the country’s only cabinet-level executive state agency dedicated to the issue of gender-based violence. Follow OPDV on Facebook, Instagram and X.

The Division of Criminal Justice Services provides critical support to all facets of the State’s criminal justice system, including, but not limited to: training law enforcement and other criminal justice professionals; analyzing statewide crime and program data; providing research support; and managing criminal justice grant funding. Follow DCJS on Facebook, Instagram and X.

New York's Domestic and Sexual Violence Hotline is available 24/7: 800-942-6906 (call), 844-997-2121 (text) or @opdv.ny.gov (chat). OVS Resource Connect also allows individuals to find state-funded victim assistance programs in their community by their specific need or concern.