Christopher Walsh on Dec 3, 2024, 27East.com

State legislation expanding protections in domestic violence cases in criminal and family court to include all family and household members was commended by officials at The Retreat, which provides safety, shelter and support for victims of domestic abuse on the South Fork.

Governor Kathy Hochul on November 25 signed “Melanie’s Law,” under which all family and household members are afforded the same process in court as the person who is or was in an intimate relationship with an abuser. Previous laws only allowed unrelated children under 18 to be included on the adult family member’s order of protection. The legislation also allows these family and household members to file family offense petitions in Family Court.

The law is named for 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 her daughter’s 4-year-old son, but Melanie was ineligible because she was 29.

Melanie’s Law addresses protection of those close to a victim, as in many cases perpetrators of domestic violence will use any method to establish power and control over their partner, including hurting their loved ones.

In October, Hochul announced a $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.

That money, she said upon signing the legislation, will “go out to our district attorneys. They are the ones on the front line to fight domestic violence. The largest investment of its kind in history, giving prosecutors what they need, providing more services and crafting programs that are tailored to address problems in specific communities.”

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

Hochul visited The Retreat in August to announce that the state will allocate $575,000 to the nonprofit for building improvements and technological upgrades to the shelter and the organization’s East Hampton administrative office. There, she told employees and members of its board of directors that her mother had dedicated her life to advocating for victims of domestic violence, inspired by her own mother’s experience with domestic abuse. She added that her mother opened a transitional home for survivors when she was in her 70s, naming it the Kathleen Mary House, after her mother.

This week, Loretta Davis, The Retreat’s outgoing executive director, commended the governor for signing legislation“that protects the whole family or anyone in the household who could be harmed by abuse and violence. This is what laws are meant to do and now the loophole is closed. By broadening the scope of protection, more lives will be saved. This is a tremendously impactful law for families in fear of further abuse.”

Davis announced in the fall that she would step down after leading the organization through dramatic growth and expansion of services since 2014. Cate Carbonaro, who was instrumental in reopening the William Randolph Hearst Public Advocacy Center at Touro Law School in Central Islip and shifting its focus to supporting survivors of domestic abuse, sexual assault, and sex and labor trafficking, is The Retreat’s incoming executive director. She called Melanie’s Law “a critical step in safeguarding those affected by domestic violence.

“Abusers often exert control not just over their primary victim but also over family members and others in the household, creating a widespread ripple of harm,” Carbonaro said. “Familial abuse does not stop because someone is over 18 and this law addresses a dangerous gap by extending orders of protection to relatives, ensuring greater security for those who bear the brunt of such violence.”