A writ of habeas corpus is a court order to an institution ordering a prisoner brought to the court on the grounds of possible unlawful imprisonment. The prisoner or a lawyer does not write the writ but rather write a petition to grant the writ. To do this, the petitioner fills out the proper state or federal form giving the facts of the custody and legal basis for the petition.
Habeas corpus, which in Latin means "you have the body," is a legal means for citizens to avoid being held without trial and to protest improper jail conditions. If the custodian cannot prove justification for the imprisonment, the court can order the prisoner's release. The U.S. Constitution provides for habeas corpus, as do many state constitutions. For a writ of habeas corpus to be granted, the prisoner must already be in custody, and the state appeal process must already have been exhausted.
In a habeas corpus review, a court is allowed to consider new evidence. Due process provides prisoners with guaranteed rights such as the right to counsel, protection from unlawful search and seizure, and a fair and speedy trial by a jury of peers. Habeas corpus is commonly used as a post-conviction last resort by prisoners who are convinced that one or more of their due process rights were violated during the course of the judicial proceedings leading to their imprisonment.Learn More
According to the Legal Information Institute of the Cornell University Law School, a court judgment is any court order that determines the rights and obligations of each party regarding the disputed issues. The possibility of immediate appeal to a higher court often depends on whether an order is a judgement.Full Answer >
According to the law office of Robinson and Henry PC, intentional disobedience of a court order is referred to as contempt of court and the violating party is typically faced with remedial or punitive sanctions. Remedial sanctions require the violating party to immediately cooperate with the court order. Punitive sanctions are designed to punish the violating party and can range from fines to jail time.Full Answer >
In order to obtain a court order, an open case must be present in the court or one must be opened, and then a motion filed for the court order that has supporting evidence to show why the order is justified. In most cases a court order is temporary until the court date, at which time if the case goes in the favor of the one requesting the court order it can be made permanent.Full Answer >
Exactly what happens if a person breaks a court order varies depending on the person's state of residence and the court order broken. In most cases, a person who breaks a court order is held in contempt of court.Full Answer >