Texas Order - Writ of Habeas Corpus
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FAQ
Once issued, the writ of execution directs the sheriff to seize the non-exempt property and sell it. The proceeds of the sale are given to the creditor to satisfy all or part of the judgment.
A Writ of Habeas Corpus is a court order to the person in possession of a child to appear in court with the child for a contested hearing. An Order to Appear is a court order to the person in possession of the child to appear in court without the child for a contested hearing.
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).
The habeas corpus remedy offers a particularly effective means for obtaining a prompt custody determination?. it may be that custody questions need immediate resolution? A custody determination could?be pursued by petition and order to show cause but a writ proceeding is apt to move to a hearing more quickly.
In the context of a Texas child custody case, a writ of habeas corpus can be used when one parent believes the other parent is wrongfully withholding the child. The parent who files the writ is asking the court to order the other parent to return the child.
If the writ is granted, the petitioner will be released from detention, and further proceedings may follow. Appeal (if necessary): If the petition is denied, you may have the option to appeal the decision to a higher court.
If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. With the development of modern public law, applications for habeas corpus have been to some extent discouraged, in favour of applications for judicial review.
