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 today 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. Today’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.”
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.
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.
No comments:
Post a Comment