Assemblywoman Buttenschon: New York State Assembly Passes Melanie’s Law

The legislation will allow courts to issue orders of protection for immediate family members or household members of a domestic violence victim, regardless of age

Assemblywoman Marianne Buttenschon (D-C Marcy) announced that last week, the New York State Assembly passed “Melanie’s Law”, which she co-sponsors. The legislation will allow courts to issue orders of protection for immediate family members or household members of a domestic violence victim, regardless of age.

“Last year, Melanie Chianese, a 29-year-old mother, was tragically killed by her mother's abusive ex-partner. Her mother and 4-year-old son were granted orders of protection by courts; however, due to Melanie not being a minor, she was unable to obtain a protective order,” explained Assemblywoman Buttenschon. “This legislation addresses this deadly loophole by allowing family members of a domestic violence victim, regardless of age, from obtaining a protective order.”

Melanie’s killer was out under supervised release pending his sentence after pleading guilty to a domestic violence felony. She applied for a protective order for herself and her son. Her son was granted a protective order due to him being a minor, but Melanie was denied one due to her age.

"When a victim of domestic violence and their family members come forward, it is essential they are granted protection under the law. This loophole was responsible for the death of a beautiful young mother who had her future stolen from her,” Buttenschon said. “I want to commend my colleague, Assemblymember Cunningham, for sponsoring this legislation that will prevent Melanie's tragedy from being repeated.”