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

[Day Dreamer]

I know states can differ in their laws. I am in NC. I have never had to get a restraining order before; but, I know people that have. If I remember correctly, my friend still had to go before a judge to get the temporary restraining order BEFORE it was served on her ex-husband. If Oregon is the same, KH probably had to appear before a judge and explain his reasons as well as what is written. Therefore, the judge would have much more information than what is simply written down. Just wondering if anyone knows if this is correct?

 

[BetteDavisEyes]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

I wondered about that, too, but I'm not sure that Terri has someplace to go at this time. Kaine likely didn't want to stay in the family home where everyone would know where he was. He is staying at "an undisclosed location" for his safety and that of his daughter. I think that his decision to not insist on Terri's departure from the house is very generous and shows that he isn't an unfeeling person. jmo

 

[WhyaDuck?]

Because he doesn't want her to know where he is. You'll notice his address on the RO is that of his lawyer, not where he is staying.

Yes - he'd be kind of a sitting duck there, in case she did indeed find someone to murder him. His place of work, his gym and his home - the main places she knows he might turn up regularly. The RO is trying to keep her from casing him, b/c they don't know what her plans ended up being, it seems.

Sadly, though, it doesn't bar anyone she might have hired from turning up at these places, so I am hoping he finds new locations to have his routine in, just in case.

ETA: It must be unbelievably stressful to be away from home and your home phone with your child missing.

 

[Aedrys]

Is it just me or does the wording on this RO sound a little vague? :waitasec:

It doesn't really say anything we didn't already know, suspect, or assume. The only breaking story here is confirmation that Kaine believes what the rest of us have been suspecting all along.

I believe this was written BEFORE the landscaper story was let out. So at the time it was written, this was new information to Kaine and his lawyer, and grounds for an emergency. We're only seeing it now, so of course it sounds vague to us since we've been talking about the landscaper story for several days before this came out, and several days after it was written. It would have been more shocking had details not been leaked out before we saw it.

 

[shelbar53]

LE told Kaine there is probable cause that Teri was involved in the disapperance of Kyron. I wonder what the probable cause is.

 

[GrainneDhu]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

If I believed that someone had taken a hit out on me, I would not want that person to know where I was living.

 

[CASH]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

I think the point is that he is scared of her and scared of what she can do to the baby. He and the baby are living in an undisclosed location. If he stayed at the house, she would know exactly where they were.

Besides, I don't think he anticipates her staying in the house, or any house, much longer.

 

[daisy7]

I know states can differ in their laws. I am in NC. I have never had to get a restraining order before; but, I know people that have. If I remember correctly, my friend still had to go before a judge to get the temporary restraining order BEFORE it was served on her ex-husband. If Oregon is the same, KH probably had to appear before a judge and explain his reasons as well as what is written. Therefore, the judge would have much more information than what is simply written down. Just wondering if anyone knows if this is correct?

In FL, I just submitted the RO paperwork with the clerk and it was approved within 2 hours by the judge. I never went in front of the judge until the hearing to make it permanent a few weeks later.

Does anyone know what the process is in Oregon to get a temp RO?

 

[Day Dreamer]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

Perhaps he just feels safer if he and Baby K were in a location TH does not know of. That would be my guess.

ETA: LOL, I see many of us are thinking on the same wave length!

 

[Haeve]

Wouldn't it be up to his adoptive father, Mr. Eker/Ecker, the one who's been paying child support all these years? I wonder if he's still paying now that J lives with his bio father.

FWIW, when I moved from my custodial parent's (mom) to my dad's at 16, my dad simply stopping paying her child support and I think he didn't require her to pay instead. In fact, IIRC he just started giving me the money directly, even after I moved out on my own (I don't remember what age the child support order cut off at). It wasn't much money, the divorce was in the early 1970s, and in fact my dad increased it a bit voluntarily. My parents have serious issues, but they handled this like adults and didn't bother to go to court to change anything. I don't know how other families handle these things but if they had decent communication (before all the recent weirdness) maybe they worked something out that wouldn't be in the public record. And I'll note preemptively before the mods have to say it, we aren't sleuthing J or his family.

 

[pdx]

Is it just me or does the wording on this RO sound a little vague? :waitasec:

It doesn't really say anything we didn't already know, suspect, or assume. The only breaking story here is confirmation that Kaine believes what the rest of us have been suspecting all along.

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.

 

[Ladybulldog]

I don't understand how she can be banned from any public place, if true. Perhaps while he is there, but not totally. I suppose the gym owner could ban her, if he wanted to. It is absurd to think that Kaine could have her barred from any place he might also frequent, as long as not at the same time.

In most RO's, The Respondent is ordered to stay away from Plaintiff's home,work, etc or anywhere he or she may be on any given day.
Including the child/ren.

 

[Day Dreamer]

In FL, I just submitted the RO paperwork with the clerk and it was approved within 2 hours by the judge. I never went in front of the judge until the hearing to make it permanent a few weeks later.

Does anyone know what the process is in Oregon to get a temp RO?

My post was also meant as a question. Like I said, I have never been through the process myself. I could be completely wrong; but, my friend told me she went before a judge to get her RO w/out her ex being present. It is always possible I misunderstood; and, he just didn't show up?

 

[JSR]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

Because he doesn't want her to know where he's living. She has no idea where he and the baby are living at the moment. And if the reports are true, that's a good thing.

Update: Never mind we are all saying the same thing.

 

[Chili Fries]

LE told Kaine there is probable cause that Teri was involved in the disapperance of Kyron. I wonder what the probable cause is.

The use of the words "probable cause" by Kaine or his attorney when filling out the RO doesn't necessarily mean LE used those same words.

 

[RubyRed]

Perhaps he just feels safer if he and Baby K were in a location TH does not know of. That would be my guess.

ETA: LOL, I see many of us are thinking on the same wave length!

If I thought someone had a hit out on me, I wouldn't feel safe in my own home.
In fact I would be a sniveling, paranoid, basket case.

 

[Haeve]

In the interview with Ecker, it said he is still paying child support and is still his legal guardian.

And I don't feel we were sleuthing J., but answering the question as to why he wasn't included in the RO, specifically that KH wasn't his legal guardian. There was some question as to who would have the right to file an RO on his behalf. (But, we'll be good from now on.)

Sorry! I didn't say anyone was sleuthing J, but warning people not to sleuth J. I don't know what kind of public records are out there to find on his custody and child support issues but there might be folks who don't know they can't find and bring that info here. :redface:

 

[WhyaDuck?]

Sorry! I didn't say anyone was sleuthing J, but warning people not to sleuth J. I don't know what kind of public records are out there to find on his custody and child support issues but there might be folks who don't know they can't find and bring that info here. :redface:

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.


ETA: See? This is why I promised myself no serious cases until the heat wave ends, as I didn't want to get myself in trouble. These things just keep sucking me in! ARGH! :crazy:

 

[LaceSprocket]

"Kaine Horman's lawyer, Laura Rackner, has requested an expedited hearing on the restraining order petition and divorce proceedings.

Multnomah County Circuit Court Judge Keith Meisenheimer set a July 22 hearing date at 1:30 p.m, court records show."

http://www.oregonlive.com/portland/index.ssf/2010/07/judge_releases_restraining_ord.html

BBM

So they are getting an expedited hearing for the RO and the divorce on July 22?

Does anyone know if that will be a closed hearing? (I'm assuming it will be - family court, no?)

 

[Aedrys]

"Kaine Horman's lawyer, Laura Rackner, has requested an expedited hearing on the restraining order petition and divorce proceedings.

Multnomah County Circuit Court Judge Keith Meisenheimer set a July 22 hearing date at 1:30 p.m, court records show."

http://www.oregonlive.com/portland/index.ssf/2010/07/judge_releases_restraining_ord.html

BBM

So they are getting an expedited hearing for the RO and the divorce on July 22?

Does anyone know if that will be a closed hearing? (I'm assuming it will be - family court, no?)

It will probably be closed. And hmmm, if they are doing both on the same day, that makes me think she's getting arrested before then, so why not expedite it since she can't fight either of them from jail? I'm not a lawyer, so I don't know for sure.