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

[MsFacetious]

Just thought I would bring this post over to this page. I do feel this "leaked" info is going to stir things that may have no basis.

Care to share more about the FAPA with us all? Help clear up some of the speculations we are all bound to have?

ORGirl said:

"I have A FAPA petition sitting in front of me by the way."

A meaning a copy of A blank FAPA petition, or someone else's. Not the Horman's FAPA petition. I would guess an FAPA petition would be something that could be found online wouldn't it be???

 

[wondering1]

Except the polygraph was two Saturdays ago. This case is flying by so fast. But, he could have been shown the results of it on this past weekend, Saturday. I don't know if they can share the results with him or not, but I do know the Saturday of the 2nd poly was longer ago. Good thought though!

omgosh...you're right. And wow, I can't believe it was two weeks ago already either. Sorry 'bout that :blushing:

 

[Amster]

Bless Kaine for doing whatever was necessary to protect his little girl.....no matter what the publicity or criticism of him. He's made sure that baby K is safe and that is a good thing!

 

[Ms Suzanne]

Well,I guess we'll just see what happens about everything.I will concentrate now on where they are searching for little Kyron.I just pray they keep trying to find Kyron and they do not stop looking for him.

 

[MsFacetious]

No parenting time is huge. Period. That doesn't happen with a Mom and a baby without a very good reason.

http://www.kgw.com/news/local/Kyrons-dad-hasnt-moved-out-step-mom-says-97354759.html

The restraining order was sealed by Multnomah County Circuit Judge Keith Meisenheimer, who handles family law. However, the abuse prevent petition showed that Terri Moulton-Horman was granted no parenting time and restricted from accessing firearms. Kaine Horman was granted sole child custody, although no children were specifically named in the documents.

Could Kaine's proof needed for a RSO been direct testimony or a written statement from LE saying that a RSO would be a good idea to protect baby K based on evidence they had discovered in their criminal investigation regarding Kyron's disappearance?

For now, yes. If LE goes in and says "We think she killed her stepson and we fear she may kill her daughter if she finds out we plan to arrest her.." Then yes. But, only for so long. 6 months from now I highly doubt that would work without an arrest.

Not sure if you're asking or theorizing, but yes, that could definitely be the basis. Almost any kind of evidence will do. Even just a sworn statement by the petitioner about past abuse, threats, or really any other reason that would give the Judge probable cause. Preliminary RO's are usually granted pretty easily, so long as there is a basis sworn to by the petitioner, because the person against whom the RO is issued has an opportunity to respond and potentially get the RO lifted within a very short time period. Where I am, it's 10 days.

I think it's much more difficult to get a restraining order forbidding contact between an 18 month old baby and her mother. In some states after a divorce the father isn't even allowed overnight visits unless both parties agree to it, until the child is 3 years old. They take the mother/child bond as a baby pretty seriously.

I do not believe her previous DUI with a child in the car would have been enough either.

 

[21merc7]

Yes, yes, I know it is a blank FAPA. Just trying to invite the "blank FAPA" conversation, so to alleviate rumors of gun possession/use and where that would naturally be headed.

Also, a RO can be ordered just over an affair. (Not saying there is an affair.) Really simple issues when children are involved. Just the fact that Kyron is missing could get one issued.

So, if anyone has a "blank FAPA" or link to one from Oregon, please post it or explain it, so we can all see.

TIA! :blowkiss:

 

[Angelo]

Bless Kaine for doing whatever was necessary to protect his little girl.....no matter what the publicity or criticism of him. He's made sure that baby K is safe and that is a good thing!

Agree!!!

 

[wondering1]

Good thought. A RO does show up when a background check is done to purchase a gun.

I honestly don't know. If it's a civil order, which I think it is, maybe it wouldn't show up. But I suppose it's possible that when such an order is filed it's put in some kind of database. Kinda pointless if it isn't. But that doesn't mean anything -- lots of things the court does are kinda pointless. This RO, in general, for example. If TH has a gun or gets one, finds out where KH and baby are, goes there and kills them...what then? She's guilty of MURDER and violating an RO. I'm guessing the RO violation is pretty much the least of her concerns at that point! RO's are, imo, rarely effective against people who are truly a serious danger to the other party. They couldn't care less.

 

[nursebeeme]

I have to say, the bottom line for me is that the restraining order was not just applied for... but ORDERED.

So basically, she is ordered to stay away. Period.

The basis for that is sealed yet the judge hitns if revealed could impede the investigation into the disappearance of Kyron Horman.

 

[CaringCitizen]

Watching JVM now, live PDX time on HLN.

Main focus is all the recent divorce and RO filing. One of her guests is saying polys probably wouldn't be shared with the family but they LE might err on the side of safety of the children so it is possible it was shared. That guest thinks she failed one or more of the polygraphs.

Just before this part, Jane showed a mugshot of Terri from her DUI. I had never seen that photo before.

Still watching...

 

[PickieChickie]

Here is the PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE form Kaine Horman filled out

First you will see instructions. The forms start on page 5.

SOURCE (Official State of Oregon web site): http://www.oregon.gov/OJD/docs/OSCA...AUpdate/Packet1/FAPAOBTAINPACKETMAR2010-1.pdf

- - - - - - - - - - - - - - - - - - - - -​

 

[AnnieOakley]

"Also, a RO can be ordered just over an affair. (Not saying there is an affair.) Really simple issues when children are involved. Just the fact that Kyron is missing could get one issued." (by 21merc7-- sorry I somehow messed up the quote function!!)

(respectfully snipped)

i found this statement interesting...

"Under Oregon law, a petitioner must show that there has been "abuse" within 180 days in the family, that the applicant was in imminent danger of abuse and that the "respondent represents a credible threat" to the petitioner or child"
http://www.kgw.com/news/Kyrons-dad-hasnt-moved-out-step-mom-says-97354759.html

I readily include that this statement may be snipped and/or out of context... there could be other situations that justify a RO, especially when kids are involved!

 

[For The Kids]

Apparantly AOL in an article said LE stated this.

http://www.aolnews.com/nation/article/kyron-hormans-dad-kaine-horman-files-for-divorce-from-missing-boys-stepmother/19535026?icid=main|main|dl1|link1|http%3A%2F%2Fwww.aolnews.com%2Fnation%2Farticle%2Fkyron-hormans-dad-kaine-horman-files-for-divorce-from-missing-boys-stepmother%2F19535026


Moulton Horman isn't a person of interest or a suspect, sheriff's spokeswoman Lt. Mary Lindstrand told AP on Monday, adding that the department is "not talking about personal issues going on with the Hormans."

They may have said that but i think most know its not true. Unless its standard procedure over there for LE to tell the father of a missing child to leave the wife and take his baby with them which i strongly doubt.

 

[lightlady]

Any of the legal folks on here know... if a failed polygraph cannot be used in a court of law, can it be used as a basis for a restraining order? If not, I assume there must be more than that to show that the child was in danger.

 

[wondering1]

Just thought I would bring this post over to this page. I do feel this "leaked" info is going to stir things that may have no basis.

Care to share more about the FAPA with us all? Help clear up some of the speculations we are all bound to have?

Just to follow up on my comment on this. Yes, it is part of the form. But, in my personal experience (fwiw), that part is skipped right over by the judge unless there's some reason to enter it. I mean, literally, crossed right out by the Judge as a matter of course and not considered -- and I live in a state where LOTS of people legally own and carry firearms. The only time I've seen it entered is if there's a specific reason to do so based on the info provided by the Petitioner in the form. So I honestly, imo, don't think it's speculation to say that actual or potential access to a firearm was a specific concern in this case.

 

[Curious Me]

Experts on JVM say that to get the RO then certain facts to support the need would be

#1 past abuse has been done #2 there's a likelihood future abuse may happen again #3 evidence of it being an on going domestic violent situation in the home with young children Wow, some kind of abuse.

 

[darlin gal]

The no firearms clause was routine in such cases, a court clerk said.


http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

 

[wondering1]

Any of the legal folks on here know... if a failed polygraph cannot be used in a court of law, can it be used as a basis for a restraining order? If not, I assume there must be more than that to show that the child was in danger.

fyi...if this is regarding my post about the polygraph, I didn't mean that was the basis for the RO. I was referring to him leaving on Saturday and the possible circumstances surrounding that, based on info on a different board here. But I'm new and I'm not sure I'm allowed to refer to what is on that board, or even mention it here.

But in any case, as Caring pointed out, the poly was not last Saturday anyway.

 

[nomoresorrow]

Not sure where to post as I don't see a JVM thread but I'm watching it now and one of her guest/attorney's said that it "appeared" to her as though there very well may have been previous abuse issues between Terri and Kyron, therefore a judge would grant a RO due to the risk she could/would pose to baby K. If this turns out to be true I WILL BE OUTRAGED! And if true, I wonder if Kaine ever shared this with Kyron's mom Desiree or kept it "within the family" (within their own 4-walls)?? Did anyone else hear this and what are your thoughts - TIA!

 

[lightlady]

Oh, no ... not meant for you, wondering1, but it looked like the guest on JVM was pointing to the poly as potentially being shared with Kaine and helping his decision to move out. I was just wondering if there was incriminating info in there, could he then use that as a part of the RO. I doubt it, but just wondering.