Sometimes in family law cases, a judge might order a party in contempt of court, most often for violation of child support or visitation orders. The judge can jail a person held in contempt of court. If the judge was in error, the only remedy for a person wrongly held in jail is to file a petition for writ of habeas corpus. A writ of habeas corpus is a summons with the force of a court order used to compel the appearance of a person before the issuing court, to seek relief from an unlawful detention or imprisonment.
Also known as “the great writ,” a writ of habeas corpus is designed to protect against the illegal imprisonment of individuals due to a violation of the constitutional rights of a criminal defendant. The most common grounds of relief for a writ of habeas corpus are for due process violations. Like most other types of appeals, a successful petition for a writ of habeas corpus is technically complex, with different rules for state and federal court.
A person seeking a post-conviction writ of habeas corpus must file a petition in the county or district where the incarcerated individual was originally convicted. There are no restrictions on who can file a writ of habeas corpus. It can be done by the incarcerated individuals themselves or on their behalf – such as by friends or family members.
If you believe that you may have valid grounds to petition the court for a writ of habeas corpus, it is important that you consider contacting an experienced appellate attorney right away. Our team of appellate attorneys at Orsinger, Nelson, Downing & Anderson have vast experience in filing, as well as defending, habeas corpus actions. Our habeas corpus lawyers know how to appeal convictions successfully in court. If you or a loved one has been wrongly convicted and you want to appeal via a writ of habeas corpus, call our post-conviction appeals lawyers today.