The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. The procedure for filing a petition for a writ of habeas corpus is spelled out in the CPLR Article 70.An application for writ of habeas corpus challenging involuntary conservatorship or guardianship may be filed in either the Superior Court or Probate Court. Habeas Corpus, in the Federal Court, is a petition that claims that you are being detained against your US constitutional rights. If you are looking to file a Texas 11.07 Writ of Habeas Corpus application, post-convcition lawyer Sarah Durham is here to help. To obtain a writ of habeas corpus, you must show the court that you are in custody in violation of the Constitution or laws of the United States. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. A writ of habeas corpus is a legal tool that a person can use to enforce a superior right of possession to a child. Important Note: Asking for a Writ of Habeas Corpus or Writ of Attachment can be complicated.