Criminal
HC-002: Petition for Writ of Habeas Corpus—LPS Act (Mental Health)
Fillable PDFJudicial Council of California
This form is used to ask a court to release someone from mental health detention or treatment by filing a legal petition called a writ of habeas corpus. People who believe they are being unlawfully held or treated under California's mental health laws (called the Lanterman-Petri-Short Act) use this form to challenge their detention and seek freedom.
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Forms that go with HC-002
HC-001RequiredHabeas Corpus PetitionThe base Habeas Corpus Petition form must typically be filed first or alongside HC-002 to establish the underlying writ and custodial challenge before bail and release conditions can be addressed.›MC-025AttachmentAttachment to Judicial Council FormThe Attachment form is used to append supporting declarations, exhibits, or additional facts that exceed the space available on the HC-002 petition itself.›CR-115Often filed with itDefendant's Statement of AssetsThe Bail/Bond Application form is commonly submitted together with the Habeas Corpus Bail Petition to formally request a specific bail amount or conditions from the court.›HC-003Next stepPetition for Writ Of Habeas Corpus—Penal Commitment (Mental Health)The Order to Show Cause form is the next procedural step issued by the court after HC-002 is filed, directing the respondent (e.g., warden or officer) to justify the petitioner's continued detention.›CR-110AlternativeOrder for Victim RestitutionThe Notice of Motion and Motion form may be filed as an alternative procedural vehicle to seek bail or release pending habeas proceedings when a standalone HC-002 petition is not the preferred filing method.›
More Criminal forms
HC-004Notice and Request for Ruling›HC-100Declaration of Counsel Re Minimum Qualifications for Appointment in Death Penalty-Related Habeas Corpus Proceedings›HC-101Order Appointing Counsel in Death Penalty-Related Habeas Corpus Proceedings›HC-200Petitioner's Notice of Appeal-Death Penalty-Related Habeas Corpus Decision›