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

[nyvictoria]

When I filed for divorce, one of the stipulations for my soon to be ex was not only to pay child support, but also to have a life insurance policy. I live in Florida. I have no idea if it is "mandatory" or not, but my lawyer strongly suggested it, so I went with it.

Edited to add: Without looking at my papers, I can't say for sure, but I think it was only til my child is 18 and child support quits.

My ex and I each had to maintain a life insurance policy, with the kids as beneficiaries. Ours was until age 21 or when they finished 4 yrs of college. I think it's pretty standard in a divorce proceeding.

 

[ClueMeIn]

She doesn't have to even be privy to him filing. She does have 30 days to contest the restraining order though.

 

[ClueMeIn]

Meaning she doesn't have to know about it until it is actually served on her.

 

[Recovering-Lurker]

wouldn't the person the ro is being filed against have any right to be present/say anything to the judge in their defense?

Unless maybe LE has evidence that would override anything she would say anyway. ???

 

[GrainneDhu]

I get a bad feeling that the divorce petition states that "the respondent (meaning Terri) has a non-joint child" (meaning Terri's teenage son), but doesn't state the petitioner, Kaine, also has a child in addition to the baby they share.

Wouldn't/ shoudn't Kyron also be mentioned in the papers? Otherwise it reads to me as if they know he is no longer alive.

Does that make sense?

Kyron is mentioned indirectly in section 6: "There is one child born of this marriage, KHS, born November 12, 2008. Petitioner has one non-joint child. Respondent has one non-joint child. Petitioner is not now pregnant."

BBM

Petitioner's "one non-joint child" is Kyron.

No assumption is made in that petition as to whether Kyron is alive or dead.

 

[desquire]

I am not a lawyer!

However, as I understand it, in my state Temporary Restraining Orders (TROs) are presented to a judge with a sworn statement as to the reasons it is being sought.

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.

 

[PolyGraph]

Kyron is mentioned indirectly in section 6: "There is one child born of this marriage, KAH, born November 12, 2008. Petitioner has one non-joint child. Respondent has one non-joint child. Petitioner is not now pregnant."

BBM

Petitioner's "one non-joint child" is Kyron.

No assumption is made in that petition as to whether Kyron is alive or dead.

Is the petition made public? is there somewhere I can see this? I am curious if it mentions the reasons why...

I know when I filed an ro on my ex I got an IMMEDIATE temporary RO and I had to go to court to get it finalized, which was easy with all the proof I had, but you do need ample proof and not just 'your written statement'. You need some type of proof or feel that your life (or your child's life) is at risk for a judge to issue an RO. Its serious and a judge does not want to get sued for handing out ro's willy nilly. My opinion only...

 

[PickieChickie]

Is the petition made public? is there somewhere I can see this? I am curious if it mentions the reasons why...

I know when I filed an ro on my ex I got an IMMEDIATE temporary RO and I had to go to court to get it finalized, which was easy with all the proof I had, but you do need ample proof and not just 'your written statement'. You need some type of proof or feel that your life (or your child's life) is at risk for a judge to issue an RO. Its serious and a judge does not want to get sued for handing out ro's willy nilly. My opinion only...

Petition for Divorce filed by Kaine Horman in adobe pdf form faxed by the sheriff's department:
http://images.bimedia.net/documents/Horman+divorce+papers.pdf​

 

[smart blonde]

Kyron is mentioned indirectly in section 6: "There is one child born of this marriage, KAH, born November 12, 2008. Petitioner has one non-joint child. Respondent has one non-joint child. Petitioner is not now pregnant."

BBM

Petitioner's "one non-joint child" is Kyron.

No assumption is made in that petition as to whether Kyron is alive or dead.

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:

 

[darlin gal]

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?

 

[gliving]

So, do we assume Kaine has hired an attorney who advised him to file the divorce and RO? Surely he wouldn't do this without counsel.

I can't help but wonder if Terri has the means to retain her own attorney.

 

[GrainneDhu]

Exactly. According to her friends in that report, she is buying it. Thing is, as another fan of CSI and Dexter and other crime/detective shows, if I were innocent and in her shoes, I'd totally expect LE to be suspicious of me! Sounds like she is living in la-la land.

It sounds to me like she is so stressed out that her critical thinking ability is completely fried.

 

[eyes4crime]

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

 

[wondering1]

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?

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.

 

[smart blonde]

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...

 

[pufnstuf]

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

 

[sofia76]

Question - the judge sealed the RO details from the public - but Terri can see the details, yes? Or no?

 

[lillygator]

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

 

[amethyst221]

Question - the judge sealed the RO details from the public - but Terri can see the details, yes? Or no?

Yes, absolutely. She has been served with everything he filed, as due process would require.

 

[ORGirl]

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.