2010.06.28 - Kyron's Dad files for divorce and restraining order

[nursebeeme]

According to the Divorce Docs, Kaine has been out of the house since June 26.

yet thumbs up everything is fine from TM

 

[Calliope]

http://images.bimedia.net/documents/Horman+divorce+papers.pdf

Divorce documents @ the link.


Petition for Family Abuse Prevention Act Restraining Order is what was filed.

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

Showing Required

A petitioner is entitled to relief under FAPA when:

1. There has been "abuse," as defined in ORS
a. within the preceding 180 days,
b between "family or household members," as defined in ORS 107.705(3);

and

2. Petitioner is in "imminent danger of further abuse"
by respondent, and

3. Respondent represents a credible threat to the
physical safety of petitioner or petitioner’s child.


"Imminent Danger of Further Abuse”

This requirement is met by a showing that may include but is not limited to recent threats of additional bodily harm.

------

When Minors May Petition

1. A person under the age of 18 may petition for a
FAPA restraining order if:

a. Respondent is 18 years of age or older
and

b. Petitioner is:
1) the spouse of respondent;

2) the former spouse of respondent; or

3) a person who has been in a sexually
intimate relationship with respondent.

2. The court will need to appoint a guardian ad
litem if the minor is unemancipated.


---------

Specific Allegations Required

1. The nature of the abuse, described with
particularity; and

2. Specific dates of abuse.

-----------

A. Ex Parte Hearing Required

1. In person or by phone.

2. On the day the petition is filed or the next judicial
day.

B. Standard of Proof is Preponderance

C. Required Showing is:

1. Eligible relationship
2. Prior abuse within 180 days
3. Imminent danger of further abuse
4. Credible threat to Petitioner’s or child’s physical
safety

----------

Under this law, Kaine could have filed as petitioner on behalf of baby K OR Kyron.

Link contains information on the law under which this was filed. It's a long one ....

 

[alchemygirl]

http://www.koinlocal6.com/content/n...mans-petition-for/Dz4uMChK60KCWjy3W5FG4Q.cspx

an someone explain why it would be sealed? Is that so it is not assessable by the public or?

 

[SuziQ]

Good point. I'll bet the RO is to protect the SM, because Kaine is a threat to her and the baby. That would also explain why a judge placed the baby with Kaine.

Or, it could be that the SM needed protection from the baby.

The RO is against the SM. If Kaine was a threat, why would the judge place the baby with Kaine?

 

[Wings Of Light]

It almost certainly contains information that the police do not want the public to know. Sealed just means that it's not released to the public.

 

[lillygator]

thanks for the info guys - obviously I have never filed for divorce or a ro!!

I was trying to think if it had taken time.....


IDK, maybe this was coming and with Kyron missing it was the last straw....maybe it is because he can't forgive her, who knows, and it doesn't really matter nor do I need to know why but what stand out to me is the timing. Why now? and I mean right now, in the middle of all this? He really has to have no feelings towards her.

 

[nursebeeme]

Below is the link to the law. Pdf page 6, section B is referring to required proof. This is not about parents under stress and wanting to end their marriage, or that Kaine found out about an affair. IMO.

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

I completely agree.. snip from your link:

B. Showing Required
A petitioner is entitled to relief under FAPA when:
1. There has been "abuse," as defined in ORS 107.705(1)
a. within the preceding 180 days,
b between "family or household members," as defined in ORS 107.705(3); and
2. Petitioner is in "imminent danger of further abuse" by respondent, and
3. Respondent represents a credible threat to the physical safety of petitioner or petitioner’s child.
C. Definitions
1. "Abuse"
"Abuse" is the occurrence of one or more of the following acts between "family or household members":
a. Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury;
b. Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury;
c. Causing another to engage in involuntary sexual relations by force or threat of force.
2. "Family or Household Members" "Family or household members" include: a. Spouses; b. Former spouses;
c. Adult persons related by blood, marriage, or adoption;

 

[tlcya]

I agree that it is very difficult and I can easily see couples splitting up because of the stress and the suspicions and the blame games and everything but I imagine that it usually takes a bit longer than a couple of weeks unless there have been problems before the child going missing or if it's very clear (to the spouse at least) that the other parent was negligent or guilty somehow.

The unfortunate fact is, when a child goes missing, is kidnapped or dies parents can either find solace in each other or a person to blame. Grief is not logical, it is not well thought out. Grief DEMANDS answers, someone to blame, some sense to be made out of the senseless.

The parent driving the car when the wreck that killed a child is blamed by the other,

"if you hadn't spent that extra five minuntes on the phone with your sister you never would have been on that stretch of road at that time" and so forth.

even folks who are completely innocent in the loss/death of a child face an uphill battle in coping, an accepting such a loss.

I feel the timeline of TH that day and subsequent LE investigation thereof are at the root of this divorce filing, but even if it is not, fact is, divorce is very common with parents who face this horific scenerio even when neither has done nothing to cause it.

 

[GrainneDhu]

Everyone talks about body building.........but maybe I'm seeing different pictures.
I do not see a well toned body on TH at all.
and can't steroids make you heavy as well as mean?
I have had to take steroids for a halth reason now and then and end up with a MOON face!

It's hard for me to judge her state of fitness because all the recent pics I have seen show her clothed in jeans and a loose T-shirt. Under those clothes, massive musculature and fat look pretty much the same.

Keep in mind that there are two general categories of steroids: anabolic and catabolic. Anabolic steroids are what some bodybuilders (not all, by a long shot) abuse. Anabolics promote muscle development and fat loss.

Catabolic steroids are most often used to suppress the immune system. Patients often hate them because they cause increased thirst, fluid retention and weight gain, sometimes every dramatic weight gain.

 

[SleuthyGal]

Re: the speculation as to what would cause someone to seek a R.O.

It can be as simple as the respondent threatening to harm themselves, being deeply depressed and thus putting a minor child in danger, prior statements or threats made, fear of respondent doing something rash if enough pressure is upon them...I mean you can try and guess, but you're not going to know!

Sole custody is more obvious--KH has reason to believe that his current wife will be incarcerated for the crime against his son, and by the very nature that the police believe his current wife harmed Kyron, that alone would cause any parent to automatically request sole custody!

 

[K.Scarpetta]

I had hoped that, too...when I posted about revenge. Or maybe not even revenge...maybe she blamed Kyron and planned it all out. ! =(

I like this theory, but I am wondering how exactly TH's biological son's move to the Grandparents and the camping trip come into play.
Lets say that TH is guilty of "something" what would motivate her to act on that specific day (Science Fair) and to ensure that her own son would be well out of the picture (camping trip).
I think that there is a whole lot more to this story and we are barely scratching the surface. Part of me wants to believe that "mom" TH maybe taking the fall for someone else who is very important to her. Why else would you not defend yourself or admit to wrong doing ie. an affair?

 

[sofia76]

Normally a restraining order is public information. The judge sealed it so that the details of it would not be public information.

 

[Sly Scorpio]

2 things pop into my mind. 1) it contains info that the police don't want us to know (as Wings said) and 2) it involves a minor.

 

[CHICANA]

http://www.koinlocal6.com/content/n...mans-petition-for/Dz4uMChK60KCWjy3W5FG4Q.cspx

an someone explain why it would be sealed? Is that so it is not assessable by the public or?

Because it contains information regarding minor children.

 

[ORGirl]

1. "Abuse"
"Abuse" is the occurrence of one or more of the following acts between "family or household members":
a. Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury;
b. Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury;
c. Causing another to engage in involuntary sexual relations by force or threat of force.
2. "Family or Household Members" "Family or household members" include: a. Spouses; b. Former spouses;
c. Adult persons related by blood, marriage, or adoption;

The part in bold above is all it takes. Yes, it could have been on behalf of the kids, but it could have also been for KH himself. Some wives are physically abusive and threatening to their husbands, too. We might never know.

 

[adh74]

I'm thinking it contains information that LE gave KH that sealed the deal for him. The information is probably a very important piece of information/evidence that will be used in her criminal trial (if/when there is one).

 

[Calliope]

The edit function is running slow, so to add to my above post:

RELIEF

A. Mandatory (Not Discretionary) Relief

The court must order the following relief if:

• A petitioner with an eligible relationship requests it;
and


• The court finds, at the hearing, that
respondent abused petitioner within the
preceding 180 days; and


• petitioner is in imminent danger of further
abuse by respondent and that respondent
represents a credible threat to the physical
safety of petitioner or petitioner’s child.


1. Restraint from Abuse

Restrain respondent from doing the following to
petitioner and any children in petitioner's custody:


a. Intimidating, defined as “act[ing] in a manner
that would reasonably be expected to threaten
a person in the petitioner’s situation, thereby
compelling or deterring conduct on the part of
the person.”


b. Molesting, defined as “act[ing], with hostile
intent or injurious effect, in a manner that
would reasonably be expected to annoy,
disturb or persecute a person in the
petitioner’s position.”


c. Interfering with, defined as “interpos[ing] in a
manner that would reasonably be expected to
hinder or impede a person in the petitioner’s
situation.”


d. Menacing, defined as “act[ing] in a manner
that would reasonably be expected to threaten
a person in the petitioner’s situation.”


e. Attempting to intimidate, molest, interfere
with, or menace.


2. Temporary Custody and Parenting Time


Award temporary custody to petitioner subject to
reasonable parenting time unless parenting time is
not in the best interests of the child and award
custody to respondent, if requested by the
petitioner EXCEPT:

If the court determines that “exceptional
circumstances” exist that affect the custody of the
child:

a. order the parties to appear at an “exceptional
circumstances” hearing to determine custody
and other contested issues, and

b. make interim orders regarding the child’s
residence and the parties’ contact with the
child that are appropriate to provide for the
child’s welfare and the safety of the parties
pending the “exceptional circumstances”
hearing.

 

[Truthful Lies]

I had hoped that, too...when I posted about revenge. Or maybe not even revenge...maybe she blamed Kyron and planned it all out. ! =(

I like this theory, but I am wondering how exactly TH's biological son's move to the Grandparents and the camping trip come into play. Lets say that TH is guilty of "something" what would motivate her to act on that specific day (Science Fair) and to ensure that her own son would be well out of the picture (camping trip). I think that there is a whole lot more to this story and we are barely scratching the surface. Part of me wants to believe that "mom" TH maybe taking the fall for someone else who is very important to her. Why else would you not defend yourself or admit to wrong doing ie. an affair?

Thanks for your feedback...I deleted the post because I thought I was being silly. I guess I should have left it, but you quoted it, so it's kinda there =)

In answer to your posed thoughts...I'm wondering if her son being at the grandparents was a last-ditch attempt to "save their marriage". Like maybe not having the older child around would be less stressful...especially since the older a child is, the more they know about what's really going on. Kyron would have just sensed the tension, probably.

 

[tehcloser]

The RO is against the SM. If Kaine was a threat, why would the judge place the baby with Kaine?

I can't speak for No More, but I think the post was sarcastic.....:blushing:

 

[lillygator]

I like this theory, but I am wondering how exactly TH's biological son's move to the Grandparents and the camping trip come into play.
Lets say that TH is guilty of "something" what would motivate her to act on that specific day (Science Fair) and to ensure that her own son would be well out of the picture (camping trip).
I think that there is a whole lot more to this story and we are barely scratching the surface. Part of me wants to believe that "mom" TH maybe taking the fall for someone else who is very important to her. Why else would you not defend yourself or admit to wrong doing ie. an affair?

that is interesting but the move was a while ago wasn't it? or was it more recent?