What to Do if You’re Falsely Accused of Child Abuse
Being falsely accused of child abuse is one of the most terrifying things a parent, or anyone, can face. One day you’re living your life, and the next you’re being investigated, questioned, or even kept from your child. It doesn’t take much: a phone call, a misunderstanding, or someone with the wrong motive. And once the system is involved, things can spiral fast.
If you’ve found yourself in this situation—or you’re worried it could happen—you need more than reassurance. You need to understand what’s coming, your rights, and how to protect yourself now.
Understanding What Counts as Child Abuse in Texas
Before we talk about defense, let’s get clear on what Texas law calls “child abuse.”
Under Texas Family Code § 261.001, child abuse includes:
- Physical injury or threat of injury
- Sexual abuse or exploitation
- Emotional abuse or psychological harm
- Neglect (failure to provide food, shelter, medical care, or supervision)
- Letting someone else abuse the child
Even things like harsh discipline, yelling, or leaving a child alone briefly can lead to allegations if someone believes the child is in danger. And once someone reports it, even anonymously, the state is required to look into it.
What Happens When You’re Falsely Accused of Child Abuse?
In Texas, the moment someone reports child abuse, the clock starts ticking.
CPS Will Open an Investigation
Child Protective Services (CPS), part of the Texas Department of Family and Protective Services (DFPS), is required to investigate. They may:
- Interview the child (sometimes at school without you).
- Visit your home—possibly unannounced.
- Ask to speak with you, your spouse, and others in the home.
- Check medical, school, or police records.
Even if the report is totally false, CPS won’t ignore it. They are trained to act cautiously, especially when kids are involved.
Police May Get Involved Too
If CPS believes a criminal offense occurred (like sexual or physical abuse), they’ll refer the case to law enforcement. Police could start a parallel investigation, which might include:
- Interrogations
- Arrests
- Search warrants
- Removal of children from your home
What to Do Immediately If You’re Falsely Accused of Child Abuse
1. Do Not Talk Without a Lawyer
Whether it’s CPS or the police, don’t try to explain yourself casually. Anything you say can be misquoted or used against you.
2. Hire a Defense Attorney Experienced in CPS and Abuse Cases
Not all lawyers are familiar with handling these specific types of cases. You need someone who:
- Knows how CPS works
- Understands both the criminal and family court systems
- Has defended people falsely accused of child abuse
This is not the time to wait or shop around for weeks. You need someone now.
3. Gather Evidence Immediately
Start pulling together:
- Texts, emails, or messages between you and the accuser
- Medical records (for you or the child)
- Eyewitnesses who can confirm your actions or whereabouts
- Photos or documents that contradict the accusation
Your criminal defense lawyer can help organize and present this information effectively, but the sooner you preserve it, the better.
How Texas Courts Handle False Child Abuse Allegations
CPS Court Cases
If CPS believes the child is in danger, they can file a case in family court. You may be called to a “show cause” hearing where a judge decides if the child stays in your custody or not. You may be given temporary restrictions—or lose access to the child altogether during the investigation.
Criminal Charges
If you’re charged criminally (e.g., injury to a child, sexual abuse, endangerment), it’s a whole separate legal battle—one that can lead to:
- Jail or prison time
- A felony record
- Sex offender registration (in some cases)
- Loss of parental rights
Even if you’re innocent, you must take this seriously from the start.
What If the Accusation Is Proven False?
If the investigation clears you, CPS may close the case as “ruled out” or “unfounded.” But that doesn’t mean you’re in the clear.
- CPS keeps records for years.
- The accuser may still pursue custody or restraining orders.
- The accusation may follow you on background checks.
- Your name could remain in the Texas Central Registry if not formally challenged.
That’s why you should ask your lawyer about record sealing or filing to clear your name officially.
Can You Sue for Being Falsely Accused?
In some cases, yes. If someone knowingly made a false report, they could be held accountable for:
- Defamation
- Malicious prosecution
- Filing a false report to CPS (a crime under Texas law)
But suing isn’t always the best first step. Focus on clearing your name and regaining custody or visitation rights if needed—then consider legal action later with your attorney’s guidance.
Arrested? Don’t Plea, Call Me!
Being falsely accused of child abuse can feel like your world is collapsing—but you don’t have to face it alone. With the right legal support, you can protect your rights, your reputation, and your relationship with your child.
If you’re under investigation or already facing charges, contact Texas Criminal Defense Group today. Our domestic violence defense attorneys understand how to fight false allegations and navigate the CPS and criminal court systems in Texas. Your defense starts now—reach out for a confidential consultation.