Defending Texans Accused of Child Sexual Abuse

Child Sexual Abuse Allegation Custody Defense Lawyer Texas

A child sexual abuse allegation in a Texas custody case can move on two tracks at once. One track decides parenting time and conservatorship. The other is a possible criminal investigation. Texas families facing this need a clear picture of both. This page explains how a child sexual abuse allegation custody case defense lawyer in Texas approaches the criminal side. It does not predict how any case will end.

What a Child Sexual Abuse Allegation in a Custody Case Means in Texas

An allegation starts a process. It is not a finding that abuse happened.

These allegations usually surface in one of three ways. A report may go to the Texas Department of Family and Protective Services (DFPS). A report may go to police. Or a claim may appear in a custody filing made by the other parent or a relative.

DFPS investigates child abuse reports, evaluates child safety, and issues an investigation disposition.

Several people feel the effects. The child is affected. So is the adult named in the accusation, the other parent, grandparents, and anyone living in the home. One report can open a family-court question about where the child lives and when. It can also open a criminal investigation at the same time. Whether charges are filed turns on the evidence.

How the Custody Case and the Criminal Case Run Side by Side

The custody case decides parenting time and conservatorship. The criminal case decides whether charges are filed and what they are.

The two tracks can still touch each other. A statement made in one setting can matter in the other. That includes a family-court hearing, a CPS interview, or a school meeting.

Courts can also hear a child’s words directly. It is admissible in the same manner as under the Family Code. Texas Code of Criminal Procedure art. 7B.004 sets out that rule.

A lawyer should weigh it before the person answers questions.

Criminal defense is this firm’s practice. The custody proceeding itself is a family-law matter. In a consultation, we explain how the two tracks may fit together in your situation.

What Criminal Defense Covers in These Cases

Criminal defense starts with the evidence. A defense lawyer reviews what the state has and tests it against the offense charged.

• The full CPS or DFPS file, police reports, and any recorded or forensic interview.
• Medical findings, texts and messages, and the custody order.
• How the child’s statements were gathered, including the setting, the questions asked, and whether the interviewer followed recognized protocols.
• Inconsistencies, gaps, and other explanations for the accusation.
• Defenses to false or unsupported accusations, including accusations that surfaced during a custody dispute.

Texas offenses differ in their elements and penalties. Penal Code § 21.11 covers indecency with a child under 17. Sexual contact under that section, if committed with the intent to arouse or gratify the sexual desire of any person, is a second-degree felony. Exposure with intent to arouse or gratify the sexual desire of any person, knowing the child is present, or causing the child to expose himself or herself with that intent, is a third-degree felony. Sexual assault of a child is generally a second-degree felony in Texas. Penal Code § 22.021 covers aggravated sexual assault, a first-degree felony.

The lawyer also advises on contact with police, CPS caseworkers, and prosecutors. The lawyer advises on contact with the child while the case is pending.

What to Expect: The Process From First Call to Court Dates

The process starts with a free consultation. Then the file review, the decision on statements, and court settings follow.

1. Free, confidential initial consultation. Free initial consultation — confidential, with no obligation to continue.
2. Gather documents. Bring the custody order, any CPS or police notices, and a written timeline of events.
3. Review the investigation file. The review shows what the file contains and what is still missing.
4. Decide before any statement. Before any interview or written answer, decide with your lawyer how to respond to investigators and the court.
5. Attend court settings. The firm keeps you informed at each stage of the criminal matter.

The timeline varies with the stage of the case and with whether charges are filed.

Why Clients Work With Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. The firm defends professionals and others accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth, and across Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Carrie Thomas is also a lawyer with the firm. Our team reviews the file, explains the charges and the court process, and keeps you informed.

The firm also handles aggravated sexual assault, online sex crimes, aggravated assault, and family violence matters. Those areas can overlap with a custody dispute, and a consultation can cover them.

Common Questions About Custody-Related Sexual Abuse Allegations

Is a child’s statement admissible in a protective-order hearing?

Next Step: Talk Through Your Situation With a Defense Lawyer

If a child sexual abuse allegation has reached your family, you may be facing it under pressure and without warning. You may be acting for a child, a spouse, or a relative. You don’t have to carry the criminal side alone.

Ask for a free, confidential, no-obligation first consultation. You can call (972) 424-1902, request a consultation online, or send your case details through the contact form.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.