Writ of habeas corpus: What it is and when to use it

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 16.2020

If you need to challenge the legality of a detention or restraint of a person or to obtain the person’s prompt release, a writ of habeas corpus may be the measure needed. Although a writ of habeas corpus is usually associated with criminal cases, it is actually an independent civil proceeding that is available in both civil and criminal cases.

Such a writ may be made not only by the detained party but also by another person, such as an agent, or friend, wife, or husband, or by a parent for his child, and others.

For educational purposes only. Not intended to be used as legal advice.

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