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

[Haeve]

No worries - I'm going back and deleting/editing my posts to make sure I'm on the right side of the TOS. You're absolutely correct, re: the mods.

TY.

I think the info you cited was in the "blended family" Oregonian article so that's not off limits. MSM is fine, but not digging up court documents and such. We obviously have the MSM to do that for us! (steering this back on topic)

 

[just]

Why would Kaine bar Terri from the gym? I can't fathom that detail.

IMO guessing he still wants to work out if possible in the near future. Exercise has a wonderful stress relieving effect, as most of us know, even under these circumstances the poor guy has to have some outlet.

 

[just]

I wonder with this release if a arrest is coming.

If you guys notice, day by day almost they are turning those thumb screws, more pressure, more pressure - until at some point she'll have no where to go, no one to be with, and sitting in her stupid house with her enabling friends JMO.

 

[scandi]

Like Aedrys says, you have to put it in the context of time. I think that the Oregonian already had this story. They wanted to see the RO to confirm, but it was sealed. When they couldn't get that for official confirmation, they went with everything they already had, and ran their Sunday story about the murder for hire.
Since that was the reason the RO had been sealed (to hide the MFH plot), there wasn't any reason to keep it sealed.

Imagine if the O had not run that story... this would be the first we'd be hearing of it and it would be shocking.

Hi Pdx, Going back and rereading the cause for the RO:

""I believe respondent is involved in the disappearance of my son Kyron who has been missing since June 4 2010. I also recently learned that respondent attempted to hire someone to murder me. The police have provided me with probable cause to believe the above two statements are true."

That says to me we have learned something today we didn't have before this was made public.

In essence it says police have given Kaine probable cause to believe the respondent is involved in the disappearance of Kyron. That is BIG IMO

 

[cluciano63]

I have to think that Kaine was already doubting Terri all on his own before LE spoke to him about the supposed hit, etc...

I would need some video evidence for the police to convince me that my husband was taking out a hit on me...so I have to believe that the marriage was already a little shaky and this gave Kaine a very respectable reason to file for divorce AND take the baby.

 

[Day Dreamer]

If you guys notice, day by day almost they are turning those thumb screws, more pressure, more pressure - until at some point she'll have no where to go, no one to be with, and sitting in her stupid house with her enabling friends JMO.

I agree. I am willing to bet they are hoping the pressure will cause her to crack and tell someone something. It sounds as if Terri is already a prisoner in her own home. Just because she has not been arrested does not mean she is free.

They are probably also hoping she will have some kind of contact w/ anyone that might be working w/ her, especially if they believe Kyron is still alive.

Has Terri's new lawyer made any statements yet? I have not been able to find them if he has. Surely they will say something.

 

[gwenabob]

That was my question. He could still boot her and stay where he is and let LE do a major thorough search for evidence.

If he kicks her out, where would she go?

Roseburg. Better to keep her here in Portland.

 

[Adalena935]

So generally KH believes TH had something to do with Kyron's disappearance. If you take that at face value, he must know something to support this or at least have some indication of that direction.

Do you think this is b/c of something he discovered or put together on his own or something LE has shared with him?

He said the police provided him with probable cause. How very sad. Tragic. That poor little boy and his poor parents.

 

[cypress]

So Terri belongs to 24 Hour Fitness and Kaine to The Edge gym? Isn't all the brouhaha about the Terri going to The Edge Gym several days after Kyron's disappearance? Hmm...

 

[ClueMeIn]

I know. I wonder to. Thats like banning someone from the mall, because they also shop there.

Well my ex can't go to the mall, or certain other places either, so yes, that is perfectly "normal."

I am in Oregon.

 

[ClueMeIn]

As for different handwriting...in my case there was a domestic violence counselor there. They filled out a lot of the paperwork.

 

[WhyaDuck?]

As for different handwriting...in my case there was a domestic violence counselor there. They filled out a lot of the paperwork.

I didn't see different handwriting - I just saw the same person writing in different times/frames and/or on different surfaces. Can you direct me to a page example? (Not trying to be difficult - I just want to see what you're seeing.)

ETA: Sorry, I know this doesn't matter a whole lot - just curious.

 

[ClueMeIn]

Hmmm. That makes me think they might not arrest her until after the hearing. She couldn't fight a restraining order from jail, could she?

She sure can!

 

[WhyaDuck?]

The PDF link in the OP won't open for me, so I had to find it here:

http://www.kptv.com/download/2010/0708/24187664.pdf

 

[ClueMeIn]

I didn't see different handwriting - I just saw the same person writing in different times/frames and/or on different surfaces. Can you direct me to a page example? (Not trying to be difficult - I just want to see what you're seeing.)
__________________


Sorry, I was responding to another poster. I haven't even checked out the links, or looked at the RO yet.

 

[keeponsearching]

I know. I wonder to. Thats like banning someone from the mall, because they also shop there.

Well my ex can't go to the mall, or certain other places either, so yes, that is perfectly "normal."

I am in Oregon.

I have never heard of this but really I don't know anything about restraining orders. Thank you

 

[ClueMeIn]

Oh, and my ex can't go to the 2 local parks near my house either. He can't even be on the road where I live.

 

[gitana1]

Why would Kaine bar Terri from the gym? I can't fathom that detail.

This is typical of RO requests. Banning someone from an area the protected party may frequent.

How can she be banned from going to certain public places - like the gym?

It's the law. It is very usual for the accused to be banned from public places like schools, and businesses, where the protected party frequents.

In it, Kaine writes: "I believe respondent is involved in the disappearance of my son Kyron who has been missing since June 4 2010. I also recently learned that respondent attempted to hire someone to murder me. The police have provided me with probable cause to believe the above two statements are true."

If they have probable cause, why haven't they arrested-Terri-yet? :waitasec:

You know that prosecutors want to take their time to make a rock solid case. May be probable cause to arrest but there may not be enough for a conviction. Those are two different standards - probable cause vs. guilt beyond a reasonable doubt. Once she's arrested, the clock begins to tick and some of their investigative options are narrowed. They have all the time in the world, especially now that the father and daughter are protected. I'm sure TH is being surveilled as well.

The names aren't even right?
JEEZ-LUEEZ
and the lawyers let the media release an uncorrected version?
Not good.

Seriously not a big deal. Typos happen all the time. As long as the case number is correct and the facts are correct, this is unimportant.

You are good. It doesnt even look like the same hand writing, can his lawyer fill this out for him?

Yes, and they usually do.

Could KH's statement on the application be supported with other documentation from LE that does not have to be released to the public? If so, there could be LE information that supports KH's assertion in the petition that we are still not privy to.

I don't know if judges consider only the petition when making decisions on restraining orders - does anyone know?

They usually do consider only the petition. They could use other information if submitted with the petition as part of the petition. But, the evidentiary hearing is reserved for the regularly set hearing.

Ooops, I meant to state that the substantive evidence is reserved for the regularly set evidentiary hearing! Sorry.

 

[KeyboardCat]

I don't know how close their marriage was, or if it was at all different from the average. All I can say is that if the police came to me and told me my husband was planning my demise, they'd better have some solid stuff in order for me to hop up grab my children and take off.

That being said, not only did he hop up and leave, he got a restraining order and filed for divorce.

That makes me think whatever they have on the step mother has merit, even though she hasn't been charged. If she is involved, and they truly believe that Kyron is still alive, maybe they have reason to believe arresting her would somehow put Kyron in greater danger.

 

[gitana1]

Isn't the son 16? I think at that age contact with his mom would be up to him. In other words, I don't know that even if Kaine did have custody that he could ban her from seeing him because of her son's age. I could be wrong, though.

And oh wow, I just had a sad thought if you guys were talking about Kyron and not TH's older son. Maybe he didn't put Kyron on there because there's no need to restrain her from Kyron. *sigh*

You can actually absolutely restrain someone from seeing their 16 year old child. he is not old enough to protect himself from serious harm so he can't make that choice. But, since Kaine does not have custody, the court does not have jurisdiction to make orders regarding other kids.
I sadly agree with you that Kaine realizes there is no reason to restrain TH from Kyron.