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PETITION FOR WRIT OF HABEAS CORPUS AND EMERGENCY RETURN OF CHILD PACKET Facts and Questions When is a writ of habeas corpus appropriate? It is used when a child is being wrongfully detained. The court
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Welcome to law civil terms I'm Terry Ingram founder of the foundation for public awareness writing your own writ of habeas corpus from jail to initiate the proceedings the person in custody must prepare a petition for writ of habeas corpus keep in mind that preparing the petition does not entitle the prisoner to discharge only to judicial review of his or her confinement and if confinement is not lawful then immediate release the petition may be handwritten on any paper whatsoever the prisoner must demand a paper-and-pencil upon which to write the petition it is a constitutional right that you receive paper and pencil from your captors in order to write a writ of habeas corpus in Florida if they fail to do that there's a 300 dollar civil fine against them then of course you have a title 42 section 1983 which is a civil rights action to file against them for deprivation of your civil rights once complete the petition must be served by you by the prisoner upon any of his jailers upon serving the petition upon any jailor it is deemed filed at that moment pursuant to the mailbox rule the petition must state at a minimum the caption of the court having jurisdiction over the writ of habeas corpus example in Florida where I'm from were I to be incarcerated I would have to state on the top center or the top right of my paper in the Circuit Court of the 17th Judicial Circuit in and for Broward County Florida if you're in Ohio or California then your jurisdictions would be apropos now if you don't know the exact Judicial Circuit that you're in then simply use the county in the state the Sacramento California whatever the case may be the next is a place for the clerk of court to list the case number you simply type you simply write in the word case number and up and provide a blank space next to it you do not put a case number in this area as very important you understand this is an original action it is a civil action the writ of habeas corpus is a civil action even though you've been charged with the crime you do not put your criminal case number down here if you do you void the authority of the writ of habeas corpus because you're making it only a motion it has its own case number and it's free in Florida anyway should be everywhere else it's free of charge without cost to file this so again no case number the clerk of the court will put the new SIL case number in the space you provide the next is the name of the petitioner and the respondent you are the petitioner your jailer is the respondent for example Terry Ingram or John Doe would be the petitioner this goes on the left side of the paper just under the jurisdictional statement and across from the case number versus Broward County Sheriff now if you're arrested by the Davie police department or the hollywood florida police department or the LAPD or whatever the case may be you do not direct this habeas corpus to those people you direct this to your captor the one who has you in custody is the one...