Virginia Beach Child Protective Services Lawyer
757-337-2500
Defending Parents in CPS Cases Throughout Virginia Beach
Few things are more frightening than a knock on the door from Child Protective Services. In an instant, your parenting, your home, and your relationship with your children can feel like they are under a microscope — and the choices you make in those first days can shape everything that follows. Whether you are facing a family assessment, a full investigation, or the threat of your child being removed, you do not have to navigate it alone.
At Invictus Law, we represent parents and families throughout Virginia Beach and the Hampton Roads region during CPS investigations and the court proceedings that can follow. Our family law team understands how these cases work, what is at stake, and how to protect your rights while keeping your family together whenever possible.
A CPS report is not a verdict. Our goal is to make sure the process is fair, that your side is heard, and that your relationship with your children is protected.
CPS Contacted You? What You Do Now Matters
The early days of a CPS case can shape its outcome. Contact Invictus Law before you sign anything, agree to a plan, or give a statement — and protect your rights from the start.
Schedule a confidential case assessment today.
Understanding CPS Investigations in Virginia
In Virginia, Child Protective Services is part of your local Department of Social Services, and its work is governed by Title 63.2 of the Virginia Code. When someone reports suspected abuse or neglect, the local department first decides whether the report is “valid.” If it is, the case is assigned to one of two very different tracks, and which track you are on matters enormously:
Family Assessment
A family assessment is the response used for lower-risk situations where a child is not in immediate danger. It focuses on understanding the family’s needs and offering services. Critically, a family assessment does not result in a finding of abuse or neglect, and no one’s name is placed on the Central Registry. Services offered are generally voluntary. Most reports in Virginia are handled this way.
Investigation
An investigation is used for more serious allegations — including serious injury, sexual abuse, or a child fatality. Unlike an assessment, it ends in a formal disposition of either “founded” or “unfounded.” A founded finding means the local department concluded, by a preponderance of the evidence, that abuse or neglect occurred. Investigations must generally be completed within 45 days, and assessments within 60, though these can be extended.
How Invictus Law
Can Help
CPS defense is not passive for us. It is a disciplined process designed to protect your rights, your record, and your relationship with your children.
Case Assessment
We begin by understanding the allegations, which track your case is on, and what deadlines apply. We explain the process and identify what needs attention right away.
Guidance During the Investigation
We advise you on your rights during home visits, interviews, and requests to sign safety plans — helping you cooperate appropriately without unknowingly harming your case.
Negotiating Safety Plans and Services
Where a plan or services are on the table, we work to shape terms that protect your children while keeping your family together, rather than accepting whatever is first proposed.
Defending Against Removal in Court
If your case moves to juvenile court, we advocate for you at every hearing — presenting evidence of your fitness as a parent and pressing for reunification wherever possible.
Challenging and Appealing Findings
Where a found finding is wrong or unsupported, we build the case to contest it and pursue the appeal within the required deadlines.
What the Numbers Say
CPS involvement is more common — and more often resolved without a formal finding — than many families realize. According to the Virginia Department of Social Services, local agencies completed roughly 33,800 reports of child abuse or neglect in a single recent year, involving more than 53,000 children. But the large majority of those children — nearly 75 percent — were part of cases handled as family assessments, which do not result in a finding and do not place anyone on the Central Registry. Only a small share, around 8 percent of the children, were involved in founded investigations. A CPS report is a serious matter, but it is not a foregone conclusion — and how the case is handled can change everything.
What a “Founded” Finding Means and the Central Registry
A founded disposition carries consequences well beyond the immediate case. The person found responsible is placed on Virginia’s Child Abuse and Neglect Central Registry, where the record can remain for up to 18 years depending on the assigned severity level. Founded findings are assigned Level 1, 2, or 3 based on the degree of harm.
Being on the Central Registry is not just a paperwork issue. It is checked for jobs and volunteer roles involving children — teaching, child care, healthcare, coaching, foster care, and adoption — and it can stand in the way of careers and opportunities for years. That is why contesting a founded finding, and doing it within the deadlines, is so important.
Your Rights During a CPS Investigation
Many parents do not realize how many rights they have during a CPS case. Depending on your situation, you generally have the right to:
- Be notified in writing that you are the subject of a report
- Record your interviews with the CPS worker — Virginia law allows the person being investigated to electronically record these communications
- Decline voluntary services that are offered
- Decline to consent to a search of your home without a court order
- Consult and be represented by an attorney
- Appeal a founded finding
At the same time, it is important to understand the limits. A CPS worker may interview your child, and your child’s siblings, to assess safety, and in some circumstances may examine a child for signs of injury. And because a founded investigation can be referred to law enforcement, anything you say can matter in a later criminal case. This is exactly why it is wise to speak with a lawyer before giving a statement, signing a safety plan, or agreeing to anything.
When CPS Goes to Court
If CPS believes a child is in immediate danger, it can ask a court to intervene, including by seeking the child’s removal. These cases proceed in the Virginia Beach Juvenile & Domestic Relations District Court, often on a very fast timeline, with an initial hearing shortly after an emergency removal. A Guardian ad Litem is appointed to represent the child’s interests, and parents may be entitled to court-appointed counsel if they cannot afford an attorney.
These are among the highest-stakes proceedings a parent can face. Having an advocate who understands both the CPS process and the juvenile court, and who can present your case for reunification and your fitness as a parent, can make a meaningful difference.
Appealing a Founded Finding
If you receive a founded disposition, you generally have a limited window (often 30 days) to request an appeal, so acting quickly is essential. The appeal process typically begins with a conference at the local department, followed, if necessary, by an administrative hearing before a state hearing officer who can sustain, amend, or reverse the finding. From there, further review in circuit court may be available. Because the deadlines are short and the record built early carries through, experienced guidance from the outset can be critical to protecting your name and your future.
A Note for Military Families in Hampton Roads
For the many military families across Hampton Roads, a CPS matter can carry an added layer. A report involving a service member’s family can proceed alongside the military’s own Family Advocacy Program process, and the outcome can affect a military career and command standing. Because our firm was founded by a former military attorney, we understand how these civilian and military processes can overlap, and we account for both when they apply.
Why Choose Invictus Law for a CPS Case?
A Family Law Team That Knows These Cases
We focus our practice on family law and criminal defense. That means we understand not only the CPS process, but the custody, protective order, and criminal issues that so often surround it.
Criminal and Family Defense Under One Roof
Because a founded CPS finding can lead to criminal charges, defending both fronts together matters. Our former-prosecutor experience helps us anticipate how a case may develop on the criminal side and protect you accordingly.
Guardian ad Litem Perspective
Our team includes attorneys with experience serving as Guardians ad Litem for children in Virginia courts. That perspective gives us insight into how courts evaluate a child’s best interests — insight we put to work for the parents we represent.
Rooted in Hampton Roads
We regularly appear in the Virginia Beach Juvenile & Domestic Relations District Court and courts throughout Hampton Roads, and we understand the local procedures these cases follow.
What Makes Invictus Law Different
A Unique Combination
Concentrated Focus
Certified Guardians ad Litem
Military Issues Experience
Local Experience Matters
Process-Driven Representation
Our Attorneys
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Do I have to let a CPS worker into my home?
Generally, a CPS worker may enter your home only if an adult who lives there allows it, and you are not required to consent to a search of your home without a court order. That said, how you handle the request matters — CPS can seek a court order, and a worker may still interview or observe your child to assess safety. Because these decisions can affect your case, it is best to speak with an attorney right away.
What is the difference between a family assessment and an investigation?
A family assessment is used for lower-risk reports where a child is not in immediate danger. It focuses on services and does not result in a finding of abuse or neglect or a Central Registry entry. An investigation is used for more serious allegations and ends in a “founded” or “unfounded” disposition. A founded investigation can place you on the Central Registry, so understanding which track you are on is important.
What is the Central Registry, and how long does a finding stay on it?
The Child Abuse and Neglect Central Registry is a state list of people with founded findings of abuse or neglect. Depending on the severity level assigned, a record can remain for up to 18 years. It is checked for many jobs and volunteer roles involving children, which is why contesting a founded finding can be so important.
Can I appeal a founded CPS finding?
Yes. If you receive a founded disposition, you generally have a limited time — often 30 days — to request an appeal. The process usually starts with a local conference, then an administrative hearing before a state hearing officer, with possible further review in circuit court. The deadlines are short, so it is important to act quickly.
Can CPS take my child?
In cases involving immediate danger, CPS can ask a court to remove a child, which begins proceedings in the Juvenile & Domestic Relations District Court on a fast timeline. Parents have the right to participate, may be entitled to court-appointed counsel if they cannot afford an attorney, and can present their case for keeping or reuniting the family. Early legal help can make a real difference in these hearings.
Should I talk to CPS without a lawyer?
You have the right to speak with an attorney first, and it is often wise to do so. Because a founded investigation can be referred to law enforcement, statements you make can matter in a later criminal case. A lawyer can help you understand your rights, cooperate appropriately, and avoid unintentionally harming your case.
Legal Insights
