San Bernardino Child Abuse and CPS Defense Attorneys

Defending Parents and Caregivers Accused of Child Abuse

If you are facing child abuse allegations in San Bernardino County, your freedom, reputation, and parental rights are at stake. These accusations can lead to serious criminal charges and investigations by Child Protective Services (CPS). At ALL Trial Lawyers, our experienced criminal defense and CPS defense attorneys represent parents and caregivers accused of child abuse throughout San Bernardino County, including cases in the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse.

Our attorneys understand how criminal child abuse cases and CPS dependency proceedings are deeply connected. A single report or arrest can lead to both criminal prosecution and a CPS investigation under Welfare and Institutions Code section 300. We fight aggressively to defend you in both arenas, ensuring that your rights are protected and your family remains together.

For help with CPS cases, visit San Bernardino CPS Lawyer.

Understanding Child Abuse Under California Law

California Penal Code sections 273d and 273a govern most child abuse and endangerment charges.

Penal Code 273d prohibits the willful infliction of cruel or inhuman corporal punishment or injury upon a child that results in a “traumatic condition.”
Penal Code 273a criminalizes any act or omission that places a child in circumstances likely to produce great bodily harm or death, even if no injury actually occurs.

In San Bernardino County, prosecutors and CPS often file both charges together, arguing that a caregiver not only harmed the child but also created an unsafe environment. These allegations are investigated by both law enforcement and CPS social workers.

When CPS becomes involved, it may file a dependency petition claiming the child is at risk of serious harm. These cases are often heard at the San Bernardino Juvenile Dependency Court, where judges decide whether a child can remain in the home.

How CPS Becomes Involved in Child Abuse Allegations

CPS involvement often begins with a mandatory report. Teachers, doctors, or police officers who suspect abuse must report it by law. Once reported, CPS opens an investigation that may include:

• Home visits and interviews with family members
• Assessments of the child’s physical and emotional condition
• Safety plans or temporary removal orders
• Juvenile dependency petitions

If CPS determines that a child may be in danger, they can remove the child from your home before a court hearing is even scheduled. These early stages are critical. Our attorneys intervene immediately to prevent unnecessary removals and to present evidence that your home is safe.

For more information about defending CPS investigations, visit San Bernardino CPS Lawyer.

Child Abuse vs. Child Endangerment

Although often charged together, these two offenses have different elements:

• Child Abuse (PC 273d): Requires proof of intentional physical harm or punishment that caused a visible or internal injury.
• Child Endangerment (PC 273a): Focuses on conduct that creates a substantial risk of great bodily harm or death, even if no injury occurred.

In CPS proceedings, both charges can support a finding that a child is at risk under Welfare and Institutions Code section 300. This can lead to temporary removal, monitored visitation, or even termination of parental rights.

Our firm defends clients in both criminal and dependency court to prevent findings that can destroy families.

San Bernardino County Courts Handling Child Abuse and CPS Cases

Child abuse and CPS defense cases are handled throughout San Bernardino County. The primary courthouses include:

• San Bernardino Justice Center – Handles major felony child abuse and dependency cases.
• Rancho Cucamonga Courthouse – Serves the West Valley region, including Ontario and Upland.
• Victorville Courthouse – Covers the High Desert area, including Hesperia and Apple Valley.
• Joshua Tree Courthouse – Handles cases in the Morongo Basin region.

Our attorneys regularly appear in these courthouses and are familiar with the local judges, CPS offices, and prosecutors. We use that experience to anticipate strategies and protect your family from CPS overreach.

Criminal Defense Strategies in Child Abuse Cases

Child abuse cases require a detailed defense strategy. We investigate every aspect of the allegations to expose inconsistencies, false reports, or unreliable medical conclusions. Common defenses include:

• Lack of intent to harm
• Accidental injury or medical conditions
• False accusations in custody disputes
• Insufficient or inconsistent evidence
• Reasonable parental discipline

Parents have the right to use reasonable discipline as long as it does not cause lasting injury or trauma. California law recognizes that not every bruise or mark constitutes abuse.

Our attorneys work closely with expert witnesses, medical professionals, and family members to show that the allegations are exaggerated or unfounded.

CPS Investigations and Juvenile Dependency Hearings

When CPS investigates an allegation of child abuse, they can take several actions that impact your parental rights. If they believe a child is unsafe, CPS may remove the child and file a petition in dependency court.

Dependency hearings in San Bernardino typically include:

• Detention Hearing: Determines whether the child can remain at home.
• Jurisdiction Hearing: Reviews CPS evidence to decide if abuse occurred.
• Disposition Hearing: Sets long-term conditions, such as services or visitation limits.
• Review Hearings: Assess progress and determine if the child can return home.

Our lawyers handle every phase of the dependency process. We challenge the evidence CPS relies on, cross-examine social workers, and present evidence that supports family reunification.

For dedicated CPS defense representation, visit San Bernardino CPS Lawyer.

Protective Orders and Their Impact on CPS Cases

Protective and restraining orders often accompany child abuse allegations. These orders can:

• Restrict contact with the child or the other parent
• Require supervised visitation
• Force the accused to leave the family home

Although these orders are intended to ensure safety, they can also affect CPS findings. Lack of contact can be misinterpreted as neglect. Our attorneys work to modify or remove unnecessary orders and to ensure your parental relationship remains intact.

The Role of CPS and the Welfare and Institutions Code

Under Welfare and Institutions Code section 300, CPS can remove a child from a home if they believe the child is suffering, or is at risk of suffering, serious physical harm or neglect. The statute also allows CPS to intervene when domestic violence, substance abuse, or criminal activity allegedly endangers the child.

However, CPS frequently oversteps its authority, removing children based on assumptions rather than facts. Our attorneys ensure that CPS follows proper procedures and that your constitutional rights are respected.

Defending Against False or Exaggerated Allegations

False allegations of child abuse often arise from:

• Custody or divorce disputes
• Misinterpretations of injuries by teachers or doctors
• Retaliation from ex-partners or relatives
• Overzealous mandated reporters

We aggressively investigate these claims to uncover inconsistencies, ulterior motives, and unreliable statements. Our goal is to clear your name and restore your parental rights as quickly as possible.

Why Choose ALL Trial Lawyers for San Bernardino Child Abuse and CPS Defense

At ALL Trial Lawyers, we focus on defending clients against child abuse charges and CPS investigations throughout San Bernardino County. Our attorneys have extensive experience with both criminal defense and juvenile dependency law, allowing us to coordinate an effective strategy across both systems.

We provide:

• Aggressive defense in criminal court
• Skilled advocacy in CPS and dependency hearings
• Deep understanding of San Bernardino County procedures
• Compassionate, client-centered representation

When your family and freedom are on the line, you need experienced attorneys who know how to fight both CPS and criminal prosecutors effectively.

For immediate assistance, contact ALL Trial Lawyers or visit San Bernardino CPS Lawyer to schedule your free and confidential consultation today.