West Virginia Child Abuse Attorney

Child Abuse and Child Neglect Lawyers

Have you been accused of child abuse or neglect in West Virginia? Whether you have been visited by Child Protective Services (CPS) for a welfare check and aren’t sure why, your child has been wrongfully removed from the home, or you are facing a misdemeanor or felony criminal charge of child abuse, child neglect, or child endangerment, the stakes are high. The child abuse attorneys at Isner Law Office can answer your questions, provide the legal advice you need, and help protect your rights in a court of law, but you must act fast.

Are You Facing Child Abuse or Child Neglect Charges?

Facing child abuse or neglect charges can be an overwhelming, confusing, and emotional time for West Virginia parents and grandparents. Understandably, many who face these types of accusations feel upset that the state (or someone else) has become involved in what many consider personal family matters, such as child discipline, education, and dietary preferences. In some cases, a parent may not understand why they are being accused of child abuse. It may be helpful to know what the state of West Virginia considers child abuse and child neglect.

What Is Child Abuse?

General Definition of Child Abuse In WV

Although laws change constantly, West Virginia generally considers child abuse to be any action or omission that harms or threatens to harm a child, including:

-a parent or guardian knowingly or intentionally inflicting or allowing another to inflict physical, mental, or emotional injury on a child in the home,

-physical injury from excessive corporal punishment of a child,

-negligent treatment or abandonment of a child,

-sexual abuse or exploitation of a child,

-sale or attempted sale of a child,

-domestic violence,

-a child conceived as a result of sexual assault, and

-any circumstance which harms or threatens the health and welfare of the child.

If accused, it is important to contact a child abuse attorney right away.

West Virginia Child Abuse Related Actions & Neglect

In addition to child abuse and child neglect, other actions and omissions may be considered “child abuse-related.” In West Virginia, these include giving false information to healthcare professionals about a child’s injuries, child endangerment, female genital mutilation/circumcision, sexual abuse by a person in a position of trust, association with sexually explicit depictions of a child, delivery, administration, or ingestion of a controlled substance resulting in death, child neglect resulting in bodily injury and/or death, intentional physical abuse resulting in the death of a child, refusal or failure to supply necessities, verbal abuse of a non-communicative child, allowing intentional physical abuse that results in the child’s death, contributing to the delinquency of a child, allowing serious abuse to occur, and other similar acts and failures to act. It is important to note that you may be found guilty even if the child suffered no harm.

West Virginia Code – Child Welfare Laws

If allegations of child abuse or neglect have been made against you, you may want to learn as much as possible about how the state views child welfare matters. You can read more about West Virginia’s child abuse and neglect laws in the West Virginia Code, Chapter 49. CHILD WELFARE.

Criminal Penalties for Child Abuse In West Virginia

Being found guilty of misdemeanor or felony child abuse or neglect in West Virginia carries serious criminal charges and penalties. These depend on the specific action or omission, the severity of the child’s injuries, prior criminal convictions, and many other factors. Like the definition of child abuse, these penalties change often. From corrective actions such as being ordered to attend parenting classes, obtain treatment for drug and alcohol abuse, and social services to penalties which may include large fines, several decades to life imprisonment, and having a child removed from your home and placed for adoption, the consequences can be quite severe. Isner Law Office’s child abuse and neglect attorneys can help protect your rights when facing these serious threats.

West Virginia Code – Child Welfare Criminal Punishment Laws

When facing allegations of child abuse or neglect, you may want to learn as much as possible about how the state intends to punish those convicted of these crimes. You can read more about West Virginia criminal penalties for child abuse in the West Virginia Code, Chapter 61. CRIMES AND THEIR PUNISHMENT.

What Should I Do If Accused of Child Abuse In WV?

Any allegation of child abuse is extremely serious. Whether or not you think you are guilty of abusing or neglecting a child, you should get legal advice from a child abuse attorney right away. You may feel the need to explain yourself or defend your actions, especially if you do not believe you committed a crime. In most cases, that is NOT a good idea.

If you have been accused of child abuse, or suspect you may be, contact Isner Law Office immediately.

Your Words WILL Be Used Against You

Psychological tricks, intimidation, and questionable interrogation tactics may legally be used against those accused of child abuse and other crimes. Not only could your words be twisted, but law enforcement agencies are also required to inform you that your words WILL be used against you when taking you into custody. Unfortunately, police, CPS, and others with similar law enforcement powers may fail to let you know what your rights are when interviewing you, performing a search, or during other contacts. If you are being questioned, kindly inform the agent that you will cooperate when you have had a chance to speak to an attorney. Contact Isner Law Office immediately.

Miranda Warning

Your Rights Under the 5th & 6th Amendments of the US Constitution

“You have the right to remain silent.
Anything you say can and WILL be used against you in a court of law.
You have the right to speak to an attorney, and to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be provided for you at government expense.”

In almost all cases, there are only a few things law enforcement can ask you before informing you about your Miranda Rights. You do not have to say anything other than to provide your basic information, name, and address.

Understanding the Line Between Parenting Choices and Child Abuse

It can be overwhelming to understand exactly where the legal line is drawn between parenting choices (such as discipline and religious practices) and child abuse. You should contact a qualified child abuse attorney to get the most accurate, up-to-date answers to any questions you have related to West Virginia’s child abuse and child neglect laws. If a child has been removed from your home due to child abuse or similar allegations, let us know. If you are facing child abuse or child neglect-related charges, contact an experienced child abuse criminal defense lawyer immediately. Isner Law Office is here to help.

Contact Isner Law Office

Child Abuse Attorneys Serving All of West Virginia


Isner Law Office offers professional legal guidance and representation you can trust. We can help protect your rights when accused of child abuse, child neglect, child endangerment, and related allegations in West Virginia. Contact Isner Law Office today to schedule a consultation. We can answer all of your questions and help you get started. Call Isner Law Office at (304) 636-7681.