What Is a Writ of Habeas Corpus?

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What is a writ of habeas corpus?

I want to talk to you about writs of habeas corpus today; what are they, what are they used for, and what do you need to prove in order to get a writ of habeas corpus?

The writ of habeas corpus is basically a type of court order that is ordering a party who has physical possession of the body of another person to bring that body before the court.

Now, in the context of family law, writs of habeas corpus are typically used when you have one party who is unlawfully detaining children away from the other party.

And what it basically does for you is it commands that person to bring that child before the court so that the court can make a determination of where the child needs to go.

Now some key things to be aware of: the child, there has to be unlawful detention or the threat of unlawful detention.

So, for example, where you might get a writ is, let's say you get emergency custody of your child, and the other party is non-compliant with that.

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hey man good video. Could you help me understand if there’s a state level writ of habeas corpus (post conviction) for Washington state? I feel like it’s one of the state remedies that needs to be exhausted before the federal one.

I reached out to my local county clerks office they said they aren’t even aware of such a form for that writ here. Is it possible to skip over the state level writ?

Thanks again, for the help.

Nick-borz
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I need help doing a writ of Habeas Corpus. DCS is trying to terminate my parental rights and I am going to use 18 usc 241 and 242 as a defense. on what they are doing is unlawful and a few other violations I need help understanding to add them so I don't do what i did the last time I tried to do something. I am the only person fighting and dont have the funds. ive had to give up everything. I have been staying at a friends because my life is consumed by trying to figure this out. I would greatly appreciate any kind of assistance of counsel

nathanfurlong
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My second grade teacher performed heabus corpus to me in Harris county not to have a physical body but have a beer belly

alansandoval