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.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. It demands a person's release from unlawful detention. At the heart of a Writ of Habeas Corpus is the allegation of unlawful detention or imprisonment. The term habeas corpus comes from the Latin meaning "that you have the body" of the detainee brought before the court or tribunal. What Is a Writ of Habeas Corpus? This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. What Is Habeas Corpus? Habeas corpus is a kind of petition that you can file in federal court to claim that your imprisonment violates federal law.