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Domestic violence cases are some of the most difficult for family courts to preside over. However, being able to provide protective orders for victims is an important and meaningful step in keeping families safe.

In 2022, 29-year old Melanie Chianese was killed by her mother’s abusive ex-boyfriend. Although Melanie’s mother had a protective order, and Melanie’s own young son was protected, she could not get a protective order for herself because she was an adult. 

To help close this legal loophole, New York passed a domestic violence reform law known as Melanie’s Law in 2024. Melanie’s Law expanded who can receive legal protection from an abuser. 

What Are the Impacts of Melanie’s Law?

Melanie’s Law expands important protections for domestic violence victims in several ways. 

Closes a Major Legal Gap

Courts can now issue protective orders to all family and household members of a domestic violence victim. Before Melanie’s Law was passed, courts could issue protective orders mainly for direct victims of domestic violence or minor children in their care. 

Adult family members, including adult children, siblings, or other relatives, often could not get protective orders, even if they were at risk. 

Expands Individual Legal Rights

Adult family members at risk can file their own petitions in family court, not just be added to someone else’s case. Judges now treat them as independent protected parties.

Recognizes the “Ripple Effect” of Domestic Violence

Domestic violence affects entire families, even extended family members, not just one person. Abusers may target relatives when they cannot act against the primary victim. Every family member should have access to legal protection.

Improves Prevention and Safety Outcomes

Melanie’s Law gives courts more flexibility to tailor protective orders to reflect real-world scenarios and danger. By expanding who can receive protection, the law encourages earlier intervention before violence escalates, and reduces the chance for abusers to exploit legal technicalities. 

Symbolic Impact

While tragedies are unfortunate, they can sometimes also expose gaps in the legal system the way Melanie’s case did. Fixing those problems is one way to bring good from a terrible situation. Melanie’s Law signals a shift toward a more victim-centered and family-aware domestic violence policy that reflects real-world situations. 

Protective Orders in Other States 

Every state has its own laws regarding protective orders in domestic violence cases. Although Melanie’s Law is specific to New York, its passage could inspire similar legislation in other states. In addition, family lawyers and advocates can now cite Melanie’s Law as a model. 

Schedule a Free Domestic Violence Consultation

If you or someone you love is experiencing domestic violence, seek help. The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) have extensive experience in fighting for families’ safety. We can help you navigate complicated divorce and custody issues in light of domestic violence as well. Talking to an experienced domestic violence attorney is an important first step. You can schedule a free, no-obligation consultation with LPEP Law to discuss your situation today. Don’t wait to get help. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Romantic partnerships come in various forms. For many couples, choosing to live together without marrying shows commitment without the legal constraints of marriage. For others, it may be due to financial reasons, or they may simply be exploring their compatibility.

Many California laws reflect the realities of modern relationships. However, while options like expanded domestic partnerships offer some legal protections, unmarried couples still face important differences compared to their married counterparts. Understanding these distinctions is essential to protecting your finances, property, and long-term interests.

Cohabitation Does Not Equal Marital Rights

A common misconception is that living together for a certain number of years creates legal rights similar to those of marriage. But that is not the case in California. The state doesn’t recognize common law marriages within its borders, regardless of how long the couple has lived together.

Therefore, unmarried couples do not automatically share property, have rights to spousal support, or inherit from each other. Unless there are formal legal arrangements, each partner is treated as an individual according to the state’s laws.

Domestic Partnerships

California does allow adult couples, regardless of gender, to register as domestic partners. A registered domestic partnership can provide many of the same rights and responsibilities as marriage under state law, including community property, spousal support, and child custody.

However, domestic partners are not eligible for the same federal rights as married couples. They can’t file income taxes jointly. Additionally, they aren’t entitled to Social Security benefits and can’t sponsor their partner for immigration.

Documentation Determines Property Ownership

For unmarried couples, property rights aren’t governed by the state’s community property laws. Instead, ownership is typically determined by whose name is listed on the title, deed, or account. This can create significant problems if one partner contributes financially to an asset that is legally owned by the other.

Since there is no presumption of shared ownership, conflicts often arise when a relationship ends. Courts will often look to written agreements or other evidence of intent when determining how property should be divided.

Cohabitation Agreements Are Essential

Since there are no automatic legal protections for cohabiting partners, couples are increasingly looking to cohabitation agreements. These legal contracts allow couples to define how they will handle finances and other assets during their relationship and in the event of a breakup.

Courts will typically enforce cohabitation agreements, provided they meet the requirements of a standard contract and are not based solely on intimate relationships.

Marvin Claims

California does allow palimony agreements. One partner can pursue financial claims after a breakup under a “Marvin claim.” These cases are based on the idea that one partner made promises or that there was an implied agreement regarding financial support or sharing assets.

Still, without documentation, these claims can be difficult to prove. A partner can be at a disadvantage if they rely solely on an informal understanding or verbal agreement. 

Estate Planning is Essential for Unmarried Couples

Unlike married couples, unmarried partners do not automatically inherit from one another. If one partner dies without a will, the surviving partner may have no legal right to any portion of the estate.

Cohabitating couples should take proactive steps, such as creating a will and naming a power of attorney and a health care agent. These ensure that each partner’s wishes are honored and that the other can step in to help if needed.

Considerations for Unmarried Couples with Children

When a married couple has a child, the husband is automatically listed as the father on the birth certificate. Unmarried couples don’t have that same advantage. Legal paternity must first be established, either by a voluntary acknowledgement of paternity or DNA testing. 

With legal parentage, both parents can have custody rights and financial responsibilities similar to those of married parents.

Protect Your Rights

Cohabitation offers flexibility, but doesn’t come with the same automatic protections as marriage. Unmarried couples need to put in place those protections through deliberate legal planning.

Our attorneys at Lonich Patton Ehrlich Policastri can help you formalize your arrangement. It’s the best way to avoid uncertainty and protect your future.

Schedule your free consultation by calling 408-553-0801.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.