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

[raeann]

There is already one restraining order thread....perhaps that is enough and this one could be merged....

 

[amethyst221]

If he really had already moved out on Saturday, maybe she might have known something was up? But she seemed surprised, according to the reporters.

 

[tehcloser]

Divorce papers are stamped as filed around 3:50 pm, so it only took them a couple of hours to serve her. Blindsided could be a very apt description.

However in the papers it said he moved out on the 26th....so she had to know something was up.

 

[adh74]

Here is what we can expect next in the restraining order against Terri Horman.

As soon as Terri contests the restraining order (and I have no doubt that she will), a hearing will be held within five days of the court's receipt of those papers.

The court does hold some of these hearings immediately--that's why petitioners and respondents are required to give the court their telephone contact info, so that the court can contact both by as soon as a hearing is scheduled, as there may not be time to mail notice.

Both the petitioner and the respondent MUST appear in court for the "exceptional circumstances" hearing regarding the respondent's paperwork contesting the RO. The judge will question both--and I suppose that this will be done in open court, and that the media will be present for the hearing, unless it's scheduled in a way so that the media won't be alerted.

Here is much more info about restraining orders... PDF file, takes a second to open.

http://www.oregon.gov/Lane/docs/FAPA_Packet.03-10.pdf

If the judge has sealed the documents, probably because they contain information about the Kyron case, then my guess would be that the hearing will be done in private, with no media, in the event that specifics of the case are spoken about during the hearing.

 

[Indianagirl]

I find the media reports that Terri, when questioned about whether Kaine had moved out and filed for divorce, replied that everything was fine, and the reports were incorrect, very interesting.

They said that her response came prior to her being served with the divorce papers (which happened at 6 pm).

Was she really that blind-sided? She really didn't have a clue that her husband was getting a restraining order, taking their baby daughter, and filing for divorce?

I am just so curious as to how the whole thing went down...

I know what you mean. To add to your post, Kaine moved out on Saturday. I wonder what he told her his reasoning for leaving was. Did she think it was temporary?

 

[nursebeeme]

has this been posted??? re: restraining order

http://images.bimedia.net/documents/Horman_restrain.pdf

also, here is transcription of the judges comment which was handwritten at the end of the document:

"further, neither party nor their counsel shall disclose the contents of the basis for the application and order without express permission of the court"

 

[Wise Old Owl]

has this been posted??? re: restraining order

http://images.bimedia.net/documents/Horman_restrain.pdf

also, here is transcription of the judges comment which was handwritten at the end of the document:

wonder if TH has been threatening to go to the media with the "contents" of such RO? There has been an uproar over this and now - no details - RO has been sealed. I can see her saying "well, I have a copy and I have some reporters phone numbers - maybe they would like to see it!" JMO

 

[Truthful Lies]

I'm a little alarmed that anyone would take a simple mandatory question on divorce papers and turn it into internet buzz that TH could be pregnant...I can upload FL divorce forms if anyone wants to see...

I don't know if you can get OR divorce papers online, but it's just a box....that has to be checked/signed/notarized by whomever files the petition.

Male or female. Always.

I don't think it's funny, either =P Nothing about this is funny - Sorry I'm being sensitive..i know we're all just wishing Kyron was safe.

 

[Lucyinlax]

The way that I read this...
Kaine is the petitioner. He is only confirming that as the petitioner, he is not pregnant. This does not mean that Terri is not pregnant. I have looked on line at other Oregon Legal forms, there were other forms that could have been used that would have stated "neither party is pregnant", or "respondent is not pregnant".
I thought I would point this out.

 

[GThursday]

My guess is that the investigation has led him and the other two parents to seriously suspect TH of harming Kyron, and therefore could harm K or Kaine.

 

[GrainneDhu]

Under this Oregon law, the petitioner has to show (i) that there has been physical abuse of family or household member by the respondent within the past 6 months; (ii) that the petitioner or petitioner's child is in imminent danger of further abuse; and (iii) that the respondent represents a credible threat to the physical safety of petitioner or petitioner’s child. The petitioner needs to show more than just a suspicion of past abuse, he needs to allege the particulars of the abuse along with dates. While the RO petition could have alleged abuse of someone else in the household, the sealing of the petition "in order to preserve the integrity of the investigation" into Kyron's disappearance implies otherwise. This is very bad news.

I'm explaining things badly.

In my state, the petitioner has to state the grounds for the petition, including past abuse. The petitioner alleges that the abuse took place. They do not, however, have to show anything like a witness report, police report, medical report, journal entries or anything like that as actual evidence of abuse.

The judge almost always grants the Temporary Restraining Order based on those allegations.

The petitioner must present such evidence if the respondent requests a hearing.

Failure by the petitioner to present adequate evidence is not looked on kindly by judges. To say the least. It has led to spending time in jail on the part of petitioners who made false allegations (typically spite cases).

The law was an attempt to provide protection for victims without stampeding over the rights of the accused. It is deliberately easy for a petitioner to get a TRO but the bar is much higher in making a TRO permanent.

Does the Oregon law require actual evidence be presented? Or does it allow for allegations to be presented, which must be backed up with actual evidence at a later hearing?

 

[PickieChickie]

if one parent takes out a ro against the other on behalf of a child wouldn't DCF/HRS get involved at all?

In my opinion, if the petitioner is making a claim of a crime committed against the child by the parent to be restrained, and it has not been reported to children's services or a law enforcement agency, the judge, upon reading the allegations as a mandated reporter, must report it.

 

[nursebeeme]

http://images.bimedia.net/documents/Horman_restrain.pdf

on this document... it says on the last page (transcribed)

"it is hereby ordered that access to the court file for multnomah county case number 100666086 including FTR and RTINshall be limited to the following persons or entities only, except by court order: 1-oregon courts and court staff 2- any governmental agency 3- the parties Kaine and Terri 4- attorney of record for respondant 5- law firm of gearing, rackner, and engle or the atty of record for petitioner "

question: what is "FTR and RTIN"? Anyone know what that stands for??????

 

[Calliope]

I can see why Kaine got a RO, if he felt the need to protect baby girl that would do it. But why the filing for divorce in the middle of a tragic disappearance of your little boy? Does filing for divorce help to ensure a RO? Do the two somehow have to go together? TIA

Not that I saw in the link I provided above...

 

[GrainneDhu]

Thank you, GrainneDhu..... I cannot tell you how much I regret the fact that I posted that after only skimming the document- I should have read it more closely prior to commenting on it! :blushing:

When I read on, I was sorry I responded since so many others had already. It seemed like piling on.

FWIW, my intent was not to chastise or offend you, just to give you the information available.

The only reason I caught it on the first reading was because I was curious to see if Kyron were mentioned. I figured that he would be but not by name since there has been no information about TMH adopting him. From the standpoint of a divorce petition, he's sort of a footnote in the same way that TMH's older son is a footnote in the proceedings.

 

[Billylee]

Whatever Kaine's reason for filing for a divorce, I think it came from knowledge he recently gained from LE's investigation of Terri. Who knows what they've uncovered on her? Boyfriend, girlfriend, child abuse? Whatever it was, it was enough to make Kaine make a quick move.

Also to ask for the restraining order for the baby, there has to be proof of something harmful being done to that child, or other children in the past, and/or a documented threat made in that regard. Isn't that correct? If so, then I'm guessing LE may have also uncovered something in that regard. Though I suppose if Kaine confronted her on whatever they uncovered about her in the first place, she could have used the threat of taking off with the baby or heaven forbid doing something harmful to the child, if he didn't accept whatever the situation was, so he also filed a restraining order.

Either way, I believe this whole episode is to protect an innocent little baby girl.

 

[Calliope]

However in the papers it said he moved out on the 26th....so she had to know something was up.

I can think of a number of ways he could have left with the baby and she not suspect anything was going down.

Years ago, my husband took my little girl with him to visit some friends. Said he'd giving me a 'break' and a chance to have some 'alone time'.

Later that night, he called and said she'd fallen asleep and rather than wake her up and bring her out that late, he'd just stay over and be back the next day.

Late in the afternoon of the next day, I got a call from him that he was 3 states away with my daughter, and I'd never see her again.

I was totally blindsided. So yeah, stuff like this happens.

 

[PickieChickie]

wonder if TH has been threatening to go to the media with the "contents" of such RO? There has been an uproar over this and now - no details - RO has been sealed. I can see her saying "well, I have a copy and I have some reporters phone numbers - maybe they would like to see it!" JMO

It very well could be that there is an order within the restraining order under "Other orders" that stipulates Terrie Horman is not to copy, transmit or in any way make the document(s) available to the media. If this is the case, Terrie could be charged with contempt of court and slapped with jail time and or a fine if she violates the order.

The judge could also issue a gag order to prevent Terrie Horman from discussing the matter of the restraining order, attached documents and it's contents.

 

[twzzlrgirl]

I agree there must have been an incredibly good reason for Kaine to do what he did (especially in regards to the baby); but then, what is taking so long in the arrest??? I wish we would get some answers soon. Either arrest or her clear her, but either way, FIND KYRON. This poor family either needs closer or their precious son back.

 

[helpfulcharlie]

http://images.bimedia.net/documents/Horman_restrain.pdf

on this document... it says on the last page (transcribed)



question: what is "FTR and RTIN"? Anyone know what that stands for??????

I believe that's OJIN.

FTR is For The Record, digital court reporting software. OJIN is Oregon Judicial Information Network.