This is a multi-state form covering the subject matter of the title.
Nassau New York Petition for Writ of Habeas Corpus by a Person in State Custody
Category:
State:
Multi-State
County:
Nassau
Control #:
US-00277
Format:
Word;
Rich Text
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How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
In most cases, the return of your child from a parent requires an order from the court. The most common forms of orders you are likely to come into contact with are Child Arrangement Orders and Prohibited Steps Orders.
Habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.
Petition for writ of habeas corpus. - A verified petition for a writ of habeas corpus involving custody of minors shall be filed with the Family Court. The writ shall be enforceable within its judicial region to which the Family Court belongs.
The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9. This states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".
Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.
If filed in a Texas state court, the petition is a are sworn document that has to include:a statement that the petitioner is being held illegally,names or descriptions of the people or agencies detaining the petitioner,a copy of the detainment order, if possible, and.a request for a writ of habeas corpus.
When there is Urgency to Obtain Child Custody Aside from filing a petition for rightful custody of a minor child, the person having the right to custody may resort to another way, and that is by filing a petition for habeas corpus.
If a parent is found to be in contempt of court that could result in: The court imposing a fine or an order for compensation for financial loss. Impose an unpaid work requirement (from between 40 and 200 hours) The court making an enforcement order or suspended enforcement order.
The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.