How Do I File for a Writ of Habeas Corpus in Texas for Custody of Children?

Full question:

i need to know how to fill out a writ of habeas to go before the judge in reporting the unfair pratice of child protective service in this area. i feel i we have a case against cps here in this county i just don't have the money to get legal help/ i would appreciate it if you can direct me to the right forms, how much it cost to fill.

  • Category: Criminal
  • Subcategory: Habeas Corpus
  • Date:
  • State: Texas

Answer:

How the form is completed will depend on all the facts and circumstances involved in each case. You may wish to review the information at the following links:

http://i.cdn.turner.com/cnn/2008/images/05/13/flds.doc.pdf
http://thehopeorg.org/2008-05-13_Joseph_and_Lori_Jessop_Peition_for_Habeas_Corpus_Temp_Relief.pdf
http://cid-33aec17c144d53a2.skydrive.live.com/browse.aspx/CPS%20War%20Against%20Children%20and%20Families%20by%20the%20Child%20Abuse%20Industrial%20Complex/Writ%20of%20Habeas%20Corpus%20-%20To%20free%20the%20Uccio%20Children

We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. You can take a look at the forms below and see if they fit your need. If they do not, let me know and we may be able to add a form for your need. You may order a form or package by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.

The following is a Texas statute:

Art. 11.14 CODE CRIM. P. [126] [174] [164] Requisites of petition

The petition must state substantially:

1. That the person for whose benefit the application is made is
illegally restrained in his liberty, and by whom, naming both
parties, if their names are known, or if unknown, designating and
describing them;

2. When the party is confined or restrained by virtue of any
writ, order or process, or under color of either, a copy shall be
annexed to the petition, or it shall be stated that a copy cannot
be obtained;

3. When the confinement or restraint is not by virtue of any
writ, order or process, the petition may state only that the
party is illegally confined or restrained in his liberty;

4. There must be a prayer in the petition for the writ of
habeas corpus; and

5. Oath must be made that the allegations of the petition are
true, according to the belief of the petitioner.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Common grounds for habeas corpus relief include illegal detention, lack of jurisdiction, or violation of constitutional rights. For instance, if a person is held without due process or if their confinement is based on an invalid order, these may serve as valid grounds for filing a writ. Each case can vary significantly, so it's essential to outline specific circumstances when filing.