Texas Child Abuse Lawyer

  • 35+

    Years Defending Texans

  • 1000+

    Cases Dismissed

  • 6000+

    Criminal Cases Handled

  • 16+

    Counties Served Across Texas

Available | Serving All of Texas

Child abuse allegations affect every part of your life from the moment they surface. Parents, teachers, caregivers, coaches, healthcare workers, and family members suddenly face questions from law enforcement or the Texas Department of Family and Protective Services (DFPS), while worrying about their children, their future, and their reputation.

A Texas Child Abuse Lawyer helps protect your rights while addressing both the criminal investigation and the issues involving your family. At the Law Offices of Richard C. McConathy, we defend clients across Texas who face child abuse allegations with careful preparation, straightforward advice, and decades of criminal courtroom experience. 

Call (972) 233-5700 to discuss your situation before investigators shape the case without your side of the story. We are available 24/7, and you’ll always have access to Richard C. McConathy directly. 

Do You Need a Texas Child Abuse Lawyer?

Yes. Child abuse allegations deserve immediate legal attention because investigators begin collecting evidence long before prosecutors decide whether to file charges.

Many people believe they have time to explain what happened later. In reality, interviews, medical examinations, digital evidence, and witness statements begin quickly. Early decisions affect both the criminal case and any related proceedings involving your children.

At our offices, you always work with Richard C. McConathy from the start; you’re not handed off to paralegals or rotating staff.

A Child Abuse Allegation Creates More Than One Legal Problem

A child abuse investigation rarely stays inside one courtroom. Criminal prosecutors, child protection investigators, schools, employers, and licensing agencies review the same allegations for different purposes.

Someone accused of child abuse face:

Potential Consequence

Why It Matters

Criminal prosecution

Convictions may result in jail or prison sentences, probation, fines, and a permanent criminal record.

DFPS investigation

The Texas Department of Family and Protective Services may review child safety concerns independently from the criminal case.

Child custody issues

Family courts may consider pending allegations when making custody or visitation decisions.

Employment consequences

Teachers, healthcare workers, childcare employees, and others may lose employment while investigations remain pending.

Professional licensing reviews

Licensing boards may begin disciplinary proceedings based on allegations involving children.

Each proceeding follows different rules. A decision in one matter influences another, which makes coordinated legal representation important from the beginning.

How Does the Law Offices of Richard C. McConathy Defend Child Abuse Cases?

The Law Offices of Richard C. McConathy defend people accused of serious criminal offenses throughout Texas. We have represented thousands of clients during more than 35 years of criminal defense practice and have handled over 6,000 criminal cases while obtaining more than 1,000 dismissals.

Every child abuse allegation receives an individual review because no two cases develop the same way. Medical evidence, witness statements, family relationships, text messages, school records, and interviews all deserve careful examination before conclusions are drawn.

Criminal Defense Begins Before Trial

Strong representation begins long before anyone enters a courtroom. Early involvement allows the defense to review the government’s evidence, identify weaknesses, and protect the client’s rights during every stage of the investigation.

We regularly represent clients throughout Texas facing felony accusations involving allegations of violence, family-related offenses, and other serious criminal charges.

Call (972) 233-5700 to speak with us before making decisions that affect your future.

What Counts as Child Abuse Under Texas Law?

Texas law defines child abuse through several different criminal offenses rather than one single crime called child abuse. Depending on the facts, prosecutors may file charges involving injury to a child, abandonment, endangerment, assault, sexual offenses, or other felony allegations.

Many investigations begin after mandatory reporters contact authorities. Teachers, physicians, nurses, counselors, childcare workers, and other professionals must report suspected child abuse or neglect under Texas law.

Injury to a Child Forms the Basis of Many Criminal Cases

Texas prosecutors frequently rely on Texas Penal Code § 22.04, which addresses injury to a child, elderly individual, or disabled individual.

To obtain a conviction, prosecutors must prove every required element of the offense beyond a reasonable doubt. Medical findings alone do not decide a criminal case.

Child Abuse Allegations Arise in Different Situations

Not every investigation begins with obvious physical injuries. Reports originate from schools, hospitals, family members, neighbors, childcare facilities, and medical professionals.

Common allegations include:

  • Physical injuries involving bruises, burns, fractures, or head trauma.
  • Alleged neglect involving food, shelter, supervision, or medical care.
  • Claims involving excessive physical discipline.
  • Accusations involving infants or young children with unexplained injuries.
  • Reports made during divorce or custody disputes.

How Do Texas Child Abuse Investigations Begin?

Family Violence Charges

Texas child abuse investigations usually begin after someone reports suspected abuse or neglect to the Texas Department of Family and Protective Services (DFPS) or local law enforcement. Criminal investigators and child protection workers examine the same allegations, but they serve different roles and apply different standards.

An investigation does not mean a crime occurred. It means authorities believe the allegations warrant further review.

Reports Come From Different Sources

Texas law requires certain professionals to report suspected child abuse or neglect. These mandatory reporters include teachers, physicians, nurses, counselors, childcare employees, and law enforcement officers.

Reports also come from parents, relatives, neighbors, coaches, or anyone who believes a child faces harm. Some reports arise after a single incident, while others follow concerns that developed over time.

Criminal Investigations and DFPS Investigations Are Different

A criminal investigation focuses on whether prosecutors possess enough evidence to file criminal charges.

A DFPS investigation focuses on child safety and family welfare. Even if prosecutors never file charges, DFPS continue reviewing the circumstances involving the child.

These proceedings frequently move forward at the same time. Statements made during one investigation affects the other.

What Penalties Apply to Child Abuse Charges in Texas?

Texas child abuse charges carry severe penalties because many allegations involve felony offenses. The level of punishment depends on the alleged conduct, the child’s injuries, the defendant’s mental state, and the statute prosecutors choose.

Conviction can result in imprisonment, probation, substantial fines, and long-term consequences that continue after the criminal sentence ends.

Texas Classifies Injury to a Child by the Alleged Conduct

Charges involving injury to a child under Texas Penal Code § 22.04 vary significantly depending on the facts alleged by prosecutors.

Charge Level

Potential Punishment

Examples

State jail felony

180 days to 2 years in a state jail facility

Certain reckless conduct resulting in bodily injury.

Third-degree felony

2 to 10 years in prison

Some intentional, knowing, or reckless conduct involving bodily injury.

Second-degree felony

2 to 20 years in prison

Serious bodily injury caused recklessly under qualifying circumstances.

First-degree felony

5 to 99 years or life in prison

Intentional or knowing conduct causing serious bodily injury or serious mental impairment.

What Evidence Do Prosecutors Use in Texas Child Abuse Cases?

Texas prosecutors build child abuse cases through medical evidence, witness testimony, physical evidence, and digital communications. No single piece of evidence automatically establishes guilt.

The prosecution must prove every required element of the charged offense beyond a reasonable doubt.

What Defense Strategies Apply in Texas Child Abuse Cases?

Every Texas child abuse case depends on the evidence, not the accusation alone. An effective defense examines how investigators reached their conclusions, whether the evidence supports the charge, and whether prosecutors can prove every element beyond a reasonable doubt.

Child abuse allegations involve medical records, witness interviews, digital evidence, and expert opinions. Each piece of evidence deserves careful analysis before conclusions are reached.

Every Investigation Requires an Independent Review

The defense begins by reviewing how the investigation developed. Medical reports, law enforcement interviews, DFPS records, photographs, and electronic communications all receive careful attention.

Defense Focus

Why It Matters

Medical evidence

Medical findings do not always establish how an injury occurred or who caused it.

Witness credibility

Witness accounts sometimes differ or change as additional information becomes available.

Timeline of events

A complete timeline helps determine whether the allegations match the available evidence.

Digital communications

Text messages, emails, photographs, and phone records frequently provide important context.

Alternative explanations

Accidental injuries, medical conditions, or incomplete information sometimes explain the circumstances differently than alleged.

Every defense strategy depends on the unique facts of the case rather than assumptions made early in the investigation.

How Can Child Abuse Allegations Affect Parents and Families?

Family Violence

A child abuse allegation affects far more than a criminal case. Parents and caregivers frequently face questions involving custody, visitation, employment, and family relationships while the investigation continues.

The emotional impact reaches everyone involved, especially when children become part of interviews, medical examinations, or court proceedings.

Family Court and Criminal Court Follow Different Paths

Family court proceedings operate separately from criminal court. A judge handling custody or visitation issues applies different legal standards than a criminal court deciding guilt or innocence.

Information presented in one proceeding becomes relevant in another. Coordinating the defense across both matters helps reduce conflicting positions and protects the client’s interests.

Professional Careers Face Additional Risks

Licensed professionals work with children or vulnerable populations. Teachers, nurses, physicians, counselors, daycare employees, social workers, and coaches may face employment actions before a criminal case concludes.

Employers and licensing agencies frequently conduct their own reviews. Those proceedings operate independently from the criminal prosecution and continue even while the criminal case remains pending.

FAQs for Texas Child Abuse Lawyers

Speaking with Child Protective Services after receiving legal guidance helps protect your interests. Statements made during an investigation later appear in criminal or family court proceedings.

Yes. Prosecutors can file charges after concluding that criminal conduct caused an injury. The defense examines whether the available evidence actually supports that conclusion.

False allegations arise for many reasons, including family disputes, misunderstandings, or inaccurate reports. Every accusation requires careful review of the evidence rather than assumptions.

No. A DFPS investigation and a criminal prosecution follow separate legal processes. One does not automatically determine the outcome of the other.

Every child abuse case follows its own timeline. The length depends on the investigation, the court's schedule, the amount of evidence, and whether the matter resolves before trial or proceeds to a jury.

Professional licensing agencies make independent decisions based on their governing laws and regulations. A criminal charge triggers a separate administrative review.

Not every child abuse case reaches trial. Some cases resolve before trial, while others require a jury to determine the outcome after hearing all the evidence.

Yes. Prosecutors make charging decisions based on the totality of the evidence, not solely on the wishes or later statements of the reporting person.

Speak With a Texas Child Abuse Lawyer Before the Investigation Moves Forward

Child abuse allegations create immediate uncertainty for parents, caregivers, and professionals across Texas. Obtaining experienced legal representation early helps protect your rights while important decisions are still being made.

The Law Offices of Richard C. McConathy have represented clients facing serious criminal accusations for more than 35 years and have handled over 6,000 cases, including more than 1,000 dismissals. 

If you have learned that investigators want to speak with you or charges have already been filed, call (972) 233-5700 today to discuss your situation and the next steps.

Don't Face This Alone

Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.

×