In 2024, New York lawmakers passed a landmark amendment known as “Melanie’s Law”—a reform that fundamentally expands who may seek an order of protection in Family Court. By amending Family Court Act §812, the Legislature recognized that family today comes in many forms, and the law must adapt to protect people connected through modern, blended, and extended relationships.
A recent decision from the Westchester County Family Court, J.A. v. J.P. (Sept. 2025), was among the first to interpret this new statute. As a Brooklyn Family Law Attorney who regularly handles Article 8 family offense proceedings, I believe this decision signals a significant step toward a more inclusive and protective legal system for New York families.
1. The Case: Redefining Who Qualifies as “Family”
Before Melanie’s Law, the Family Court Act §812(1) limited who could file a family offense petition to individuals in specific relationships—such as spouses, former spouses, relatives by blood or marriage, co-parents, or those in an intimate relationship.
In J.A. v. J.P., the petitioner and respondent were not romantically involved and shared no direct familial connection. Instead, they were each related to a person with whom the other had been in an intimate relationship. Under the previous version of §812, that link was too distant to confer standing.
However, Melanie’s Law (FCA §812[1][f]), enacted in late 2024, added a new category:
“Persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship.”
This means that individuals who share a family or marital relationship with someone in an intimate relationship—like a parent of a victim, a stepchild of an abuser, or the new partner of a former spouse—may now seek protection in Family Court. The court in J.A. v. J.P. found that this expanded definition gave the petitioner standing to file a Family Offense Petition under Article 8, rejecting the respondent’s motion to dismiss.
2. The Rationale Behind the Reform
The amendment is named in honor of Melanie Chianese, a young woman from Dutchess County who was tragically murdered by her mother’s ex-boyfriend. Melanie had previously tried to seek an order of protection, but she was denied because she had no direct relationship with her mother’s abuser.
Her case exposed a dangerous gap in New York’s domestic-violence laws: individuals closely connected to victims—like children or parents of those in intimate relationships—were often left unprotected simply because they didn’t meet the statutory definition of “family.”
Lawmakers enacted Melanie’s Law to close that gap. The bill’s sponsors emphasized that domestic violence often extends beyond traditional definitions of family and that “the risks posed by offenders do not end when relationships change or when victims turn 18.”
3. Application Under Family Court Act Article 8
Article 8 of the Family Court Act authorizes individuals to file petitions alleging offenses such as harassment, stalking, menacing, and assault when those acts occur between members of the same family or household.
By expanding who qualifies as a “family or household member,” Melanie’s Law significantly widens the circle of individuals who can access civil protection through Family Court.
This means that:
– A parent threatened by their adult child’s abusive ex-partner can seek an order of protection.
– A stepchild can request relief from a parent’s current or former partner.
– A person harassed by their sibling’s former spouse may now file a petition under Article 8.
The Westchester Family Court confirmed that the Legislature intended Melanie’s Law to grant independent standing—not just supplemental protection tied to an existing case. This interpretation ensures that victims with indirect but significant relationships to abusers have the same opportunity to seek protection as those directly involved.
4. Modern Families, Modern Protections
The court’s reasoning reflects the reality that family structures are more complex than ever. Blended families, cohabiting partners, and multi-generational households create interconnections that don’t fit neatly into the traditional “nuclear family” model envisioned by earlier statutes.
By expanding standing under FCA §812, Melanie’s Law ensures that individuals connected by these evolving relationships can seek help through Family Court rather than waiting for criminal charges to be filed.
This change also aligns with FCA §812(2)(b), which emphasizes that family offense proceedings are intended: “for the purpose of attempting to stop the violence, end family disruption, and obtain protection.”
5. What This Means for Petitioners and Respondents
For petitioners, Melanie’s Law offers broader access to justice and protection. People who once lacked standing now have the ability to file petitions directly—without relying on police or prosecutors to take action.
For respondents, this expansion means an increased likelihood of being brought into Family Court, sometimes by individuals who weren’t previously eligible to file. Because these cases can involve sensitive jurisdictional questions, experienced legal representation is essential.
At The Gilmer Law Firm, PLLC, we have decades of experience representing both petitioners and respondents in Article 8 family offense proceedings. Our firm helps clients file or defend against orders of protection, contest jurisdiction or standing under FCA §812, navigate overlapping criminal and Family Court cases, and protect their rights in both temporary and final order hearings.
6. Why This Decision Matters
The J.A. v. J.P. ruling makes clear that the definition of “family” in New York law is expanding to reflect reality. Violence and harassment often occur across complex family structures, and the legal system must adapt accordingly.
By recognizing that risk and abuse do not stop at the boundaries of traditional relationships, Melanie’s Law ensures that more New Yorkers have access to civil protection and early intervention.
As a Brooklyn Family Law Attorney deeply familiar with these proceedings, I encourage anyone affected by domestic or family conflict to seek legal guidance early. Whether you’re seeking safety or defending your rights, understanding this new law can make all the difference.
Conclusion
Family law evolves as family life evolves. With Melanie’s Law, New York takes another step toward ensuring that its courts protect all individuals connected through the modern web of family and intimate relationships.
If you have questions about filing or responding to a Family Offense Petition under Article 8, or about how Melanie’s Law might apply to your situation, The Gilmer Law Firm, PLLC is here to help.
Call (718) 864-2011 or visit gilmerlegal.com to schedule a consultation. We provide clear, compassionate representation in all areas of family law—including family offense proceedings, custody disputes, and orders of protection in Brooklyn and across New York City.
