Child Abuse & Neglect Defense

A child abuse or neglect case in Wisconsin runs on two parallel tracks at once — a criminal prosecution in circuit court and a CHIPS (Child in Need of Protection or Services) proceeding in children's court. They use different standards, different discovery rules, and different deadlines. A misstep in one track can be used against you in the other. You need counsel who can see both.

Charges and proceedings we handle

• Physical abuse of a child (Wis. Stat. § 948.03) — from intentional bodily harm to recklessly causing great bodily harm.
• Child neglect (§ 948.21) — failure to provide necessary food, clothing, medical care, or shelter.
• Failure to protect — charges against a parent or caregiver who allegedly allowed abuse by another.
• Contributing to the delinquency of a minor (§ 948.40).
• Chronic neglect cases involving multiple incidents or multiple children.
• CHIPS petitions (§ 48.13) — civil child-protection proceedings that can remove children from the home.
• Termination of parental rights (TPR) — the most serious civil consequence; a specialty in itself.
• Child Protective Services (CPS) investigations — pre-charge defense when DCF or local CPS has opened a file.

What makes these cases uniquely dangerous

• Two tracks, two standards. Criminal court uses "beyond a reasonable doubt"; children's court uses "clear and convincing" or even 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 — abusive head trauma, bone-fracture timing, bruising patterns. The science is real, but it is also heavily contested. Defense medical experts matter here more than almost anywhere.
• Family separation happens fast. Emergency removals can occur within hours. Reunification after that takes months at minimum.
• Mandatory reporters are everywhere. A teacher's hotline call, an ER intake form, or a neighbor's complaint can trigger the process. The origin of the report matters for the defense.

Defense strategies

Getting the medical record right

We obtain the complete medical file — not just the summary the prosecutor is working from. Imaging, growth records, prior visits, and genetic or metabolic predispositions frequently explain findings that the State calls abuse.

Independent medical experts

Pediatric radiologists, forensic pathologists, and child-abuse pediatrician specialists who are genuinely independent — not tied to the prosecution's team — can reframe the science.

Challenging forensic interviews

Child forensic interviews at CAC centers are performed to protocols. Deviations from those protocols, leading questions, and repeat interviews all raise reliability issues.

Working the CHIPS/criminal interaction

Anything you say in a CHIPS proceeding, a CPS safety plan, or a treatment evaluation can end up in the criminal case. Coordinated strategy across both tracks is essential.

Preserving the family

Even where charges stick, sentencing and CHIPS dispositions that preserve supervised contact, reunification services, and realistic treatment plans are often achievable with early, proactive defense work.

If CPS has called

A CPS investigator at the door is not neutral. They are gathering evidence that can support removal, criminal charges, or both. You are not required to let them in without a warrant, and you are not required to answer questions. Be polite, take the investigator's card, and call a defense attorney before the next contact.