Child Abuse Defense

Based in San Jose · Serving Santa Clara & Alameda Counties

Vijay Law represents parents and caregivers accused of child abuse — in criminal court, in CPS investigations, in CACI listing proceedings, and in family court custody disputes where false or exaggerated abuse allegations are being made.

About Child Abuse Defense In California​

Child abuse cases in California can play out across four separate forums: a criminal case under Penal Code §§ 273a or 273d, a CPS investigation that can lead to substantiated findings, a CACI listing that bars work with children, and a family court custody dispute. Each forum has different rules, different standards, and different consequences. Most defense lawyers handle only one. Vijay Law represents the accused in all four with attention to how each forum affects the others.

WHAT'S AT STAKE

Criminal Liability

PC 273a And 273d Carry Felony Exposure And Custody Time

Family Court Custody Effects

Suspended Or Supervised Visitation; FC § 3044 Concerns

CPS Substantiated Finding

Administrative Finding Separate From Criminal Conviction

Professional Licensing

Education, Healthcare, And Childcare License Impact

CACI Listing

PC 273.5 Is A Deportable Crime Of Violence

Immigration Status

Background Check Visibility And Some Industry Bars

Dependency Court

Emergency Removal And Court-Ordered Case Plans

Family Reputation

Public Records And Community-Visible Consequences

How Vijay Law Approaches Child Abuse Defense

Multi-Forum Defense
Child abuse accusations often produce simultaneous proceedings in criminal court, CPS investigation, CACI administrative listing, and family court custody. We defend across all four forums with attention to how each affects the others — because testimony or findings in one forum can be used in the others.
CPS Investigation Strategy
CPS investigations are often where the case is actually decided. Statements made to social workers can be used in criminal proceedings. Refusing entry without a warrant is a legal right. Properly handled CPS investigations close without referral to the District Attorney in a substantial percentage of cases.
Pre-Filing Intervention
The window between a CPS report and the District Attorney's filing decision is the highest-leverage moment in many child abuse cases. We work that window actively — contacting prosecutors, presenting mitigation, addressing evidentiary issues — to prevent criminal filing when the facts allow.
Defending The Accused-But-Innocent Parent
False or exaggerated abuse allegations are common in high-conflict custody disputes and in cases where one parent reports the other for tactical advantage. We have substantial experience defending parents who did not commit the alleged abuse, in both criminal and family forums.

Explore Child Abuse Topics

Frequently Asked Questions

What happens when Child Protective Services (CPS) comes to my door?

CPS social workers can request entry, ask questions, and interview children. You are not required to let them in without a warrant or court order. Statements made during the investigation can be used in both criminal and dependency proceedings. Hiring an attorney counsel before speaking with CPS is critical.

No, not without a warrant, court order, or exigent circumstances such as immediate danger to a child. You can decline entry while being cooperative in other ways. Refusing entry alone is not evidence of abuse, though CPS can return with a warrant if grounds exist for one. Sometimes it may make strategic sense to allow the CPS interview to occur without delay. However, before making any decision to communicate with anyone at CPS, you should speak with an attorney who has experience dealing with CPS.

Yes in many cases. Pre-filing intervention during the police and CPS investigation phase often prevents the case from ever becoming a criminal filing. A substantial percentage of child abuse investigations close without a criminal case filing by the District Attorney when properly handled from the start.

CACI is a statewide database of substantiated child abuse findings maintained by the California Department of Justice. A CACI listing is administrative and separate from a criminal conviction. Listing triggers a ban on working with children in many professions and can occur even without any criminal charge if CPS substantiates the finding. Before being placed on CACI there is an opportunity for a contested hearing. At this stage you should hire an attorney who has experience handling CACI hearings.

When your name is going to be listed on the CACI, you will be sent a written notice. You then have a limited time period to appeal that decision at a “grievance hearing”. If you have received notice that you will be listed on the CACI list, you should hire an attorney to challenge this.

Client Testimonials

Serving Client's Throughout The Bay Area

Talk To An Experienced Attorney Now

Schedule a confidential consultation to discuss your situation and the way forward.

Request A Consultation

Discuss Your Case With Vijay Law

Phone Number: (408) 275-2307

Office: 255 North Market Street, Suite 280, San Jose, CA 95110

Request A Consultation