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

[gardenhart]

Yes...and it's one thing to see your name attached with a factual account of a situation; quite another to some day come on this board and see all the possible theories we've all posted (especially if TH turns out to be innocent). Could be very hurtful...

Well, that makes sense.

I'm questioning this because as a longtime newspaperwoman, it made no sense that an internet board wouldn't follow the same procedures as a newspaper. And believe me, newspapers take these things very seriously.

I don't know that real facts wouldn't be just as hurtful down the road as speculation but I understand where you're coming from. But if that's the reason, you'd have to ban the use of any names that would identify the family. Because it wouldn't matter to me whether my name was used or not when reading about what was plainly my family.

 

[evelyn24]

I kept thinking that the RO meant that the case was breaking and we'd hear something soon. That was Monday. I'm beginning to wonder if the whole thing wasn't a red herring (not intentionally, but that the news doesn't mean what most of us thought is meant). Maybe I'm wrong, but if the evidence that caused the RO to go through had something to do with Kyron, wouldn't she have been arrested by now?

No, not at all. The level of evidence you need to get a RO is different than what you need to convict in criminal court.

 

[Calliope]

The docs are not going to be unsealed.

What does "ORDER TO VACATE ORDER TO SEAL FILE AS TO OJIN, EX PARTE MOTION, AND ORDER TO RESTRICT ACCESS TO FILE AND ORDER" mean?

NOW THEREFORE, IT IS HEREBY ORDERED:

The ORDER restricting access to the file in the above entitled case is hereby vacated only as to the EX-PARTE MOTION AND ORDER TO RESTRICT ACCESS TO THE FILE entered on June 28, 2010, the ORDER restricting access to the file on June 28, 2010, and OJIN.

Dated: June 29, 2010

(highlighting, mine; upper case, court document)

No. People realize that if they rush to get an attorney, it makes them look guilty to many in the public.

What is your opinion on that?

 

[Calliope]

That's actually not correct. The order sealing the motion, the application and the grounds for the order are to remain sealed.

see my above post so I don't have to type that all again lol

To vacate a court order or judgment means to cancel it or render it null and void.

(West's Encyclopedia of American Law, published by Thomson Gale)

Is that not correct then ?

 

[Day Dreamer]

I just saw this posted on another thread. I'm really not sure what to believe about the RO. The wording indicates that it was unsealed; however, I have not been able to find anything to validate that.

Today, 02:17 PM

QueenD
Registered User

Join Date: Aug 2009
Location: Florida
Posts: 619
Just heard at 2pm on CNN HLN that the RO has NOT been unsealed. Reporter was from KOIN news. Sorry no links I was listening in my car on satellite radio.

 

[roseofsharon]

IMO stepmom and KH divorce probably in the works for quite awhile and appears to have been KH initiating. Possibly the ultimate revenge against the dad. Just IMO.

 

[WhyaDuck?]

IMO stepmom and KH divorce probably in the works for quite awhile and appears to have been KH initiating. Possibly the ultimate revenge against the dad. Just IMO.

There's a thread on this:


[ame="http://www.websleuths.com/forums/showthread.php?t=108019"]Could TH have had a suspicion of upcoming Divorce and RO and hid Kyron. - Websleuths Crime Sleuthing Community[/ame]

 

[Donjeta]

PORTLAND, Ore. — A judge has barred the stepmother of a missing 7-year-old Portland boy from contact with her children and from access to firearms, further isolating her from the investigation into Kyron Horman's disappearance.

The boy's father, Kaine Horman, filed for divorce Monday from Terri Moulton Horman, citing "irreconcilable differences," and requested a restraining order, which was granted shortly after by a judge in Portland.

http://www.msnbc.msn.com/id/37992992/ns/us_news-crime_and_courts/

Her children? So she can't see the older son either?

Can Kaine apply for a RO for the older son if he's not his adopted or biological parent?

 

[curiousgal]

http://www.msnbc.msn.com/id/37992992/ns/us_news-crime_and_courts/

Her children? So she can't see the older son either?

Can Kaine apply for a RO for the older son if he's not his adopted or biological parent?

I'm guessing, but no, unless he adopted her other son, Kaine has no say in that matter. Could be wrong of course but that's my thoughts on it.

 

[gitana1]

What does "ORDER TO VACATE ORDER TO SEAL FILE AS TO OJIN, EX PARTE MOTION, AND ORDER TO RESTRICT ACCESS TO FILE AND ORDER" mean?

NOW THEREFORE, IT IS HEREBY ORDERED:

The ORDER restricting access to the file in the above entitled case is hereby vacated only as to the EX-PARTE MOTION AND ORDER TO RESTRICT ACCESS TO THE FILE entered on June 28, 2010, the ORDER restricting access to the file on June 28, 2010, and OJIN.

Dated: June 29, 2010

(highlighting, mine; upper case, court document)




What is your opinion on that?

I know it can be confusing. But this is my business so it's not as confusing to me. The motion requesting that the file be sealed is vacated and can be released. The order sealing the file is vacated and can be released. The actual motion requesting a restraining order, with the facts supporting the request, and the court transcript will NOT be released. Until it is, we will not know why Kaine requested the RO nor will we know the grounds for granting it unless those are listed in the order, which I doubt.

 

[gitana1]

see my above post so I don't have to type that all again lol



(West's Encyclopedia of American Law, published by Thomson Gale)

Is that not correct then ?

There is an order vacating a previous order. It just does not act to unseal the RO application/motion and request or the court transcript, if any. (often in ex parte hearings, there is no transcript because everything is done on paper, no discussion). The order stands that the RO motion and facts supporting it, as well as the order barring the parties from discussing the contents, are sealed.

 

[wondering1]

What does "ORDER TO VACATE ORDER TO SEAL FILE AS TO OJIN, EX PARTE MOTION, AND ORDER TO RESTRICT ACCESS TO FILE AND ORDER" mean?

NOW THEREFORE, IT IS HEREBY ORDERED:

The ORDER restricting access to the file in the above entitled case is hereby vacated only as to the EX-PARTE MOTION AND ORDER TO RESTRICT ACCESS TO THE FILE entered on June 28, 2010, the ORDER restricting access to the file on June 28, 2010, and OJIN.

Dated: June 29, 2010

(

sbm

I've read that order over and over. I read confusing orders ALL THE TIME and that one is still not clear to me. But, it looks as though the only thing that was unsealed is to two specific documents -- the MOTION AND ORDER TO RESTRICT ACCESS TO THE FILE (I believe that's the actual caption of the document filed and the referenced "order" would be the proposed order that is submitted with the motion for the judge's signature); and (2) the Order actually sealing the file. I think the order also lifts the restriction on access by OJIN which is the official internet access website for court documents. And this is where I'm really confused as to whether OJIN can now access just these two documents, or ALL the documents that have been sealed -- which seems unlikely since OJIN provides public internet access. jmtc...

 

[twzzlrgirl]

I'm guessing, but no, unless he adopted her other son, Kaine has no say in that matter. Could be wrong of course but that's my thoughts on it.

Can the judge make that decision even if KH doesn't ask for it specifically? That is, can the judge see the RO for the baby and make it a more blanket statement, that she has to stay away from all the kids? TIA

 

[Day Dreamer]

http://www.msnbc.msn.com/id/37992992/ns/us_news-crime_and_courts/

Her children? So she can't see the older son either?

Can Kaine apply for a RO for the older son if he's not his adopted or biological parent?

According to this article, the RO prohibits TH from having any contact w/ her children, both her son and daughter. I guess a judge can make that determination whether or not Kaine has custody of the older son.

http://abcnews.go.com/GMA/kyron-hor...sive-court-documents/story?id=11050953&page=1

But to file the type of emergency restraining order that he did, Kaine Horman would have had to made the case that his wife posed an immediate threat to him or their 18-month old daughter, according to former FBI special agent Brad Garrett.

The restraining order prohibits Terri Horman from having contact with her other children, an older son and the toddler daughter. Kaine Horman is asking Oregon courts for sole custody of the little girl.

 

[amethyst221]

I kept thinking that the RO meant that the case was breaking and we'd hear something soon. That was Monday. I'm beginning to wonder if the whole thing wasn't a red herring (not intentionally, but that the news doesn't mean what most of us thought is meant). Maybe I'm wrong, but if the evidence that caused the RO to go through had something to do with Kyron, wouldn't she have been arrested by now?

Not trying to change your mind, but I think events within the family just took a rather abrupt turn, but that LE is not going to alter what they're doing because of it. I know the splitting off of the dad, mom and stepdad could be due to all sorts of things, but the most logical conclusion, in light of their brief statement, is that it has something to do with what they now know of the continuing investigation and the course it will take. The RO and divorce petition? If the spouses had a confrontation over the investigation, suspicion, etc. any number of things or behaviors could have happened at that given point in time, and there's no turning back from it.

 

[Dear Prudence]

This might help with any confusion regarding what is and what is not currently sealed:

http://www.koinlocal6.com/media/lib...d6b-bc0a-c97d8f1ac3fd/Motion_to_Intervene.PDF

It is a copy of the motion to unseal the restraining order filed today by the media.

 

[gitana1]

sbm

I've read that order over and over. I read confusing orders ALL THE TIME and that one is still not clear to me. But, it looks as though the only thing that was unsealed is to two specific documents -- the MOTION AND ORDER TO RESTRICT ACCESS TO THE FILE (I believe that's the actual caption of the document filed and the referenced "order" would be the proposed order that is submitted with the motion for the judge's signature); and (2) the Order actually sealing the file. I think the order also lifts the restriction on access by OJIN which is the official internet access website for court documents. And this is where I'm really confused as to whether OJIN can now access just these two documents, or ALL the documents that have been sealed -- which seems unlikely since OJIN provides public internet access. jmtc...

Boy, you said it MUCH better than me! Please excuse me, I need to eat. Low blood sugar! But that's exactly right.
The OJIN is just the list on the website of documents and hearings, etc.. It does not mean you can click on a doc and get a copy. Especially since those docs have been sealed.

 

[WhyaDuck?]

And here's the thread on the media trying to unseal the RO:


[ame="http://www.websleuths.com/forums/showthread.php?t=108068"]TH Restricted from Possessing Firearms; Media petitions to have RO unsealed - Websleuths Crime Sleuthing Community[/ame]

 

[wondering1]

This might help with any confusion regarding what is and what is not currently sealed:

http://www.koinlocal6.com/media/lib...d6b-bc0a-c97d8f1ac3fd/Motion_to_Intervene.PDF

It is a copy of the motion to unseal the restraining order filed today by the media.

Thank you! That clears up my confusion about the OJIN part. The court has allowed access to the OJIN record, not access by OJIN to the documents (which it already has). I'm guessing the OJIN record includes the docket entries and maybe orders, but not the actual filed documents, themselves.

 

[surrogatemom]

http://www.msnbc.msn.com/id/37992992/ns/us_news-crime_and_courts/

Her children? So she can't see the older son either?

Can Kaine apply for a RO for the older son if he's not his adopted or biological parent?

ARGH. I was just reading a story on OregonLive stating she was not allowed access to K or the older son. Now I can't find the wording in any of the stories in my cache. :waitasec:

JMO.

ETA: That's why, it was ABC News, not OregonLive. http://abcnews.go.com/GMA/kyron-hor...d-explosive-court-documents/story?id=11050953

SNIP --> The restraining order prohibits Terri Horman from having contact with her other children, an older son and the toddler daughter.