Riverside Child Abuse Attorney

Strong Defense for Child Abuse and Neglect Allegations

Child abuse allegations can trigger criminal charges, the involvement of CPS, adjustments to custody orders, and the loss of parental rights. As your Riverside child abuse attorney at the Law Offices of Gregory H. Comings, APC, I review why the allegation was made, what the record shows, and how the legal process is proceeding.

Accusations of neglect or of physical, emotional, or sexual abuse can profoundly affect a child’s safety and a parent’s future. I examine the evidence personally and help you understand your legal options, protecting both your rights and the child’s well-being.

Child Abuse and Neglect Under California Law

Child abuse and neglect allegations fall under several sections of California law, including Penal Code Section 273a, which addresses physical injury or endangerment, and Penal Code Section 11165.6, which defines child abuse for mandatory reporting purposes. 

Prosecutors and courts look to these laws to determine whether an act constitutes abuse, evaluate the intent of the accused, and review the full circumstances surrounding the act. These and other factors play a role in criminal prosecutions and verdicts.

Many forms of child abuse, particularly physical abuse, sexual assault, or conduct that causes great bodily harm, are considered violent crimes. Before filing a case, prosecutors typically examine:

• Whether the child suffered physical injury, pain, or mental suffering
• Whether the conduct placed the child at risk of great bodily harm
• Whether any sexual conduct or exploitation may have occurred
• Whether a parent or family member failed to protect the child from harm
• Whether the evidence supports the level of intent required under California law

Often, child abuse allegations begin with a call to Child Protective Services (CPS). Since the facts may be incomplete at first, CPS conducts a careful review, documenting the situation before making any conclusions.

Types of Child Abuse and Neglect Cases I Handle in Riverside, CA

Child abuse allegations take many forms, and each requires its own legal strategy. As a Riverside child abuse attorney, I handle matters involving:

• Child physical abuse
• Child sexual abuse
• Child emotional and verbal abuse
• Child neglect and failure to protect
• Child endangerment
• Harm to a child by a family member
• Cases involving domestic violence and children

Sometimes, these accusations stem from false allegations during custody disputes, misunderstandings involving discipline, or injuries without clear explanations. I keep these possibilities in mind and match each case to the evidence.

Child Protective Services and Mandatory Reporting

Often, CPS becomes involved in allegations of child abuse, especially if a complaint from a doctor, a teacher, or another mandatory reporter prompted the investigation. 

Mandatory reporting laws require many professionals to report suspected abuse, even when they are unsure of the full context. When CPS receives a report, the agency may:

• Interview parents, children, and family members
• Examine the child’s living conditions and safety
• Make recommendations to the court about custody or supervision
• Coordinate with law enforcement regarding potential criminal charges

Most of these cases do not result in criminal charges. Sometimes, CPS does not find any reason to believe that the child is in danger. Often, the agency finds concerning issues, but the parents are provided with support services instead of being charged with a crime.

In some cases, however, CPS contacts law enforcement. When that happens, CPS reports can influence both the criminal case and any family court proceedings. 

What to Do After a Child Abuse Accusation in CA

Any accusation of child abuse can have both immediate and long-term effects. I guide parents and guardians on the first steps in order to protect their defense options and their child’s safety.

Limit Conversations About the Allegation

I advise you to avoid discussions with anyone other than me until you know what can safely be shared. Even private conversations can be misinterpreted.

Do Not Speak with Officers or CPS Alone

If I am present during these conversations, I can be your advocate and advisor. I protect your rights and make sure that any statements are handled correctly.

Preserve Digital and Physical Records

I help you collect messages, photos, medical records, and other documents that may clarify events and timelines.

Follow All Court and CPS Instructions Carefully

I guide you in complying with protective orders or directives, which strengthens your credibility and shows your commitment to your child’s safety.

Contact Me as Early as Possible

The sooner you reach out, the sooner I can review the evidence, challenge inaccuracies, and begin actively defending your parental rights and your child’s welfare.

Penalties and Parental Rights in Child Abuse Cases

Child abuse accusations carry serious consequences. Depending on the level of harm and intent, prosecutors may charge your case as a misdemeanor or a felony. A conviction for either can affect the rest of your life.

Criminal Penalties Under California Law

California courts may impose the following penalties on those convicted of child abuse:

• For misdemeanor convictions, up to one year in county jail
• For felony convictions, a year or more in state prison
• New court orders affecting parenting time or contact with children
• Mandatory counseling programs
• Payment of court fees and fines
• When domestic violence allegations overlap, restraining orders and other restrictions

Along with your freedom and your relationship with your family, a criminal record can affect your ability to earn a living and find housing.

Impact on Parental Rights and Custody

Beyond criminal charges, child abuse allegations can lead to:

• Changes in custody and visitation orders
• Temporary removal of the child by CPS
• Requirements for supervision during visitation
• The potential long-term loss of parental rights

Accusations of abuse change the structure of your family. Early legal representation helps protect your role as a parent and safeguard your child’s well-being.

Can Child Abuse Charges Be Dropped or Reduced?

Whether charges can be dismissed, reduced, or resolved favorably depends on multiple factors, such as the amount of evidence, the child’s condition, witness statements, and CPS findings. 

Unfounded allegations, a lack of physical evidence, or inconsistent accounts may open the door to legal challenges. A dismissal or reduction of charges may be possible in the following circumstances:

• The evidence does not support intent or harm.
• Medical findings contradict the original allegation.
• CPS reports contain inaccuracies.
• Witness statements conflict with the physical evidence.
• Police or prosecutors violated procedural requirements.

I evaluate each case individually, looking for weaknesses. With careful case work, I fight to protect your rights and to reduce or, if possible, avoid criminal penalties.

How I Work Through Child Abuse Allegations

Fighting child abuse charges requires a steady, informed review. My work begins with the documents and continues with identifying where the record is incomplete or inaccurate. This may involve examining:

• The sequence of events leading to the allegation
• Statements from the child, parents, teachers, or family members
• Medical reports documenting injuries or mental suffering
• Mandatory reporter complaints, CPS findings, and police reports
• Any signs of false allegations or misinterpreted injuries

My goal is to defend your rights, protect your relationship with your child, and advocate for you as the legal process unfolds.