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Petition for Writ of Habeas Corpus—LPS Act (Mental Health)

California · Judicial Council of California · Effective September 1, 2018

This form is used to ask the court for a writ of habeas corpus, which is a court order requiring a facility director to bring the person before the court and show a legal reason for holding them. The petitioner can ask the court to order release or to make sure their rights are followed.

The court describes it as: If you are being held in a mental health facility, ask the court for a writ of habeas corpus (a court order telling the facility director to bring you to the court and show a legal reason for holding you) to challenge your being held in the facility or limits on your rights. Can also ask the court to order that you be released, that limits on your rights be ended, or that you be given other relief.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Start a case

Stage: Start a case

This form is used by someone who believes they are being held in a mental health facility and wants to challenge that confinement or the limits placed on their rights.

Usually filed by the person starting the case.

Official instructions

How-to guides published by the court for this form.

Common questions

What is the purpose of this form?
This form asks the court for a writ of habeas corpus to challenge being held in a mental health facility or to address limits on rights.
Who fills out this form?
The petitioner, or a person acting on the petitioner's behalf, signs this form.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect September 1, 2018.

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