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The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.

The ?Great Writ? of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means ?show me the body.? Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

To get full custody, you'll need to file a motion before the appropriate Oklahoma family law court requesting full custody. Following the motion, there'll be at least one hearing on the matter. The number of hearings will depend on why you requested full custody and the other parent's response to the motion.

Writs of habeas corpus are also used in situations where there is statutory custody, such as in a paternity action. If the child is detained away from the mother, and there's no custody order, then she can seek out a writ of habeas corpus to recover the child and get custody under the statute.

When is a writ of habeas corpus appropriate? It is used when a child is being wrongfully detained. The court will decide based on the best interests of the child who should have custody. However, a writ of habeas corpus cannot be brought to modify custody.

Description. A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).