Child abuse & neglect defense
Two tracks at once: criminal court and children's court. The defense has to see both, because a misstep in one follows you into the other.
A child abuse or neglect case in Wisconsin runs on two parallel tracks: a criminal prosecution in circuit court and a CHIPS (Child in Need of Protection or Services) proceeding in children's court. Different standards, different discovery rules, different deadlines — and statements made in one can surface in the other. Coordinated defense across both tracks is not optional; it is the whole job.
Charges and proceedings handled here
- Physical abuse of a child (Wis. Stat. § 948.03): from intentional bodily harm to recklessly causing great bodily harm.
- Child neglect (§ 948.21): alleged failure to provide food, clothing, medical care, or shelter.
- Failure to protect: allegations that a parent or caregiver allowed abuse by another.
- Contributing to the delinquency of a minor (§ 948.40).
- CHIPS petitions (§ 48.13): civil proceedings that can remove children from the home.
- Termination of parental rights (TPR): the most serious civil consequence.
- CPS investigations: pre-charge defense when DCF or local CPS opens a file.
What makes these cases uniquely dangerous
- Two tracks, two standards. Criminal court requires proof beyond a reasonable doubt; children's court uses “clear and convincing” or lower. You can lose custody on evidence that would never support a conviction.
- Medical-evidence cases. Many prosecutions rest on a single doctor's opinion: head-trauma findings, fracture timing, bruising patterns. The science is real, and heavily contested. Independent defense experts matter here more than almost anywhere.
- Family separation happens fast. Emergency removals can occur within hours; reunification takes months at minimum.
- Mandatory reporters are everywhere. A hotline call, an ER intake form, or a neighbor's complaint can start the process, and where the report came from matters to the defense.
Defense strategies
The complete medical record
Not just the summary the prosecutor works from — the full file. Imaging, growth records, prior visits, and genetic or metabolic predispositions frequently explain findings the State calls abuse.
Independent medical experts
Pediatric radiologists, forensic pathologists, and genuinely independent child-abuse pediatricians can reframe the science the case is built on.
Forensic interview review
Child forensic interviews follow protocols. Deviations, leading questions, and repeat interviews all raise reliability issues a careful defense can develop.
Managing the CHIPS/criminal interaction
Anything said in a CHIPS proceeding, a CPS safety plan, or a treatment evaluation can end up in the criminal case. Strategy has to run across both tracks at once.
Preserving the family
Even in hard cases, dispositions that preserve supervised contact, reunification services, and realistic treatment plans are often achievable, with early, proactive work.
If CPS has knocked
A CPS investigator at the door is gathering evidence that can support removal, criminal charges, or both. You are not required to let them in without a court order, and you are not required to answer questions. Be polite, take the card, and call a defense attorney before the next contact.
Whenever you're ready to talk, someone steady is ready to listen.
The first conversation is free and confidential. It costs nothing to find out where you stand, and it's the first step toward getting your footing back.