Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint. Use this if you have a court order giving you custody of your child and the other parent has taken your child away from you.It demands a person's release from unlawful detention. 010, Who may prosecute writ. When you file a federal habeas petition, you may only raise issues related to constitutional violations, and you have no right to the assistance of counsel. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. The writ's purpose is to challenge the legality of detention and seek relief from unlawful imprisonment. The Latin phrase habeas corpus translates to "you have the body. Do outside research to find out how habeas law applies to you. Injunctions and writs of prohibition and of habeas corpus may be issued and served on legal holidays and non-judicial days.
