Being accused of child abuse or neglect in Virginia is terrifying. The moment you hear those words, your world can feel like it’s collapsing. You’re not just facing legal trouble; you’re facing the potential loss of your children, your reputation, and your peace of mind. It’s overwhelming.

I get it. That fear? It’s real. It’s heavy. But you don’t have to carry it alone. My name is Matthew Greene, and at Law Offices Of SRIS, P.C., we’ve guided countless individuals through these exact situations. Our job is to cut through the confusion, protect your rights, and fight for your family. We’re here to help you understand what’s happening, what’s next, and how we start building your defense today.

I’ve Just Been Accused of Child Abuse or Neglect in Virginia. What Happens Now?

The immediate aftermath of a child abuse or neglect accusation in Virginia typically involves an investigation by Child Protective Services (CPS) and potentially law enforcement. This initial phase is often rapid and intrusive, focusing on gathering information and assessing the safety of the child, which can lead to emergency removal of children or criminal charges being filed.

I know this is a deeply unsettling time. You might be reeling, unsure of who to talk to or what to say. It feels like everyone is against you. But this is precisely when you need a clear head and a knowledgeable advocate by your side. Understanding the initial steps can help stabilize the situation, give you a sense of direction, and crucially, prevent you from making missteps that could harm your case. Breathe. We’re going to walk through this.

Blunt Truth

Don’t talk to CPS or law enforcement without a seasoned attorney present. Anything you say, even if you believe you’re being helpful, can be used against you. Your immediate priority is always to protect your legal rights, and that means exercising your right to remain silent until you have legal counsel.

Understanding Virginia’s Child Abuse & Neglect Laws: What Are We Up Against?

Virginia law defines child abuse and neglect broadly, encompassing both physical harm and failure to provide essential care. Specifically, “child abuse” (Va. Code § 18.2-371.1) can include intentionally causing injury, while “child neglect” (Va. Code § 16.1-228) often refers to a parent or guardian’s failure to provide for a child’s necessary care, including adequate food, clothing, shelter, education, or medical attention, leading to serious harm or risk of serious harm. These definitions are complex, and what seems like an innocent oversight to you might be interpreted differently by the state.

It’s important to remember that these aren’t just abstract legal terms; they carry profound consequences. A conviction can lead to felony charges, significant prison time, and the permanent loss of parental rights. The system is designed to protect children, which is a noble goal. However, sometimes good parents can find themselves caught in its gears due to misunderstandings, false accusations, or difficult circumstances. My job is to ensure your story is heard accurately and fairly within that system. We need to dissect the specific allegations against you and compare them to the letter of the law.

The Virginia Court Process for Child Abuse & Neglect Cases: Your Step-by-Step Guide

The Virginia court process for child abuse and neglect cases typically involves several stages, often beginning with a Child Protective Services (CPS) investigation, followed by a potential petition in Juvenile and Domestic Relations District Court, and possibly criminal charges in either the Juvenile Court or Circuit Court. This journey can feel like navigating a dense, unfamiliar forest, with each path leading to another unknown. Here’s a simplified breakdown:

1. CPS Investigation: This is often the first contact. CPS receives a report and begins investigating. They might interview you, your children, and others. They’re looking for evidence to support or refute allegations.
2. Emergency Removal (if applicable): If CPS believes a child is in immediate danger, they can seek an emergency removal order, placing the child with relatives or in foster care. This is devastating, and we can fight it.
3. Preliminary Protective Orders & Foster Care Review Hearings: If children are removed, court hearings are held to determine if they should remain in state custody. These are critical junctures where your rights to your children are on the line.
4. Petition Filing (Civil): CPS or a family member might file a petition alleging that a child is “abused or neglected.” This initiates a formal court process separate from criminal charges.
5. Criminal Charges (if applicable): If the evidence suggests a crime occurred, law enforcement can file criminal charges. These cases proceed through the criminal court system like any other serious charge.
6. Adjudication & Disposition Hearings: In civil cases, the court determines if abuse or neglect occurred (adjudication). If so, a disposition hearing decides the services parents must complete to get children back or whether parental rights will be terminated.

Each step has its own rules, its own deadlines, and its own risks. My experience as a former prosecutor gives me an invaluable “insider’s view” into how the state builds its case. I understand their strategies, their weaknesses, and how to effectively challenge their narrative. This isn’t just about showing up in court; it’s about meticulous preparation, strategic negotiation, and, when necessary, aggressive litigation.

Insider Tip

Even if CPS contact doesn’t immediately lead to criminal charges, the findings of a CPS investigation can still be used in later court proceedings, including custody battles. Treat every interaction with them as if it could impact your future. Get legal advice early.

Building Your Defense: How We Fight Child Abuse & Neglect Allegations in Fairfax

Building a robust defense against child abuse or neglect allegations in Fairfax, Virginia, means understanding that every case is unique and requires a tailored approach. There’s no one-size-fits-all solution when your family and freedom are on the line.

Here’s how we typically approach your defense:

• Immediate, Independent Investigation: The state has its investigators; you need yours. We’ll gather all available evidence, interview witnesses, review records, and potentially bring in experts to challenge the prosecution’s narrative or CPS findings.
• Challenging Evidence & Procedure: Were proper procedures followed during the investigation? Was evidence collected legally? Were your rights violated? We scrutinize every detail for errors that can lead to evidence suppression or case dismissal.
• Presenting Your Side of the Story: Often, there’s a backstory, a misunderstanding, or context the authorities missed. We ensure your perspective is heard, clarifying ambiguities and providing a complete picture that counters the allegations.
• Negotiation with Prosecutors/CPS: Sometimes, the best defense is a strong negotiation. We work to find resolutions that protect your family, minimize penalties, and, whenever possible, prevent the permanent termination of parental rights.
• Courtroom Advocacy: If a trial is necessary, Mr. Greene is a seasoned litigator. We’re prepared to aggressively defend your rights in court, cross-examine witnesses, present compelling arguments, and fight for an acquittal or dismissal.
• Mitigation & Support: We explore all avenues for mitigation, including demonstrating your commitment to addressing any underlying issues through counseling, parenting classes, or other supportive services. This shows the court you are a responsible parent willing to do what it takes.

My philosophy is simple: everyone deserves a vigorous defense. The emotional and practical impact of these charges on individuals and families is immense. I’ve seen firsthand how a properly executed defense can preserve families and restore reputations. We are not just defending you against a charge; we are fighting for your future and your most important relationships.

Matthew Greene: Your Steadfast Guide Through Fairfax Child Abuse & Neglect Cases

Questions You’re Likely Asking (And We’re Here to Answer): FAQ