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

[CCup]

Kaine Horman's restraining order could be unsealed

http://www.koinlocal6.com/content/n...could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx

 

[amethyst221]

Question! I can't read so sorry if this has already been answered.

I recall that DY also filed for a restraining order after she filed for divorce from KH, but I think that was about being able to restrict movement of the child and less about harm. Does anyone know if that is accurate and if there are any legal parallels here?
Thanks.

If the reports are correct, DY filed that request but the court entered an order covering both parties, which is not routine, but not that out of the ordinary. We have heard nothing about either of them being denied any access to their child. If that has happened in this case, it is much more serious, or qualitatively different.

 

[For The Kids]

It was very rude filling for divorce now.It is just is not appropriate to do it now.It really totally took the focus off poor little Kyron.I really would need the whole story here NOT just his side.

Seriously i dont understand. Kaines son has disappeared and the likelihood is that the woman he loved and who he thought loved his son has possibly killed him. Kaine is a victim here. He is not the one being looked at. I dont understand when this is a site for victims..why Kaine the father of a missing child is being attacked so much for no reason.

 

[curiousgal]

Seriously i dont understand. Kaines son has disappeared and the likelihood is that the woman he loved and who he thought loved his son has possibly killed him. Kaine is a victim here. He is not the one being looked at. I dont understand when this is a site for victims..why Kaine the father of a missing child is being attacked so much for no reason.

I agree.... what in the world makes this "rude" and if so I don't think Kaine honestly cares if strangers think he's rude. He's doing what he feels best, none of us truly know what happened to Kyron, and Kaine is doing his best to protect the baby!!!

 

[YellowSubmarine]

I think TH being denied parenting time and access to firearms has GOT to speak volumes! They must have something huge in their back pockets to suddenly strip her of her parenting time. And then to add the "access to firearms"? They don't do that when two parents are getting divorced simply because of an affair. I DO NOT believe even remotely that this is over an affair. Not only because of the Judge being adamant about nothing being spoken of the order, but also because I HIGHLY HIGHLY doubt if Kaine found TH was having an affair, it would even be a concern right now.

 

[4BB]

*my opinion, not facts, just a scenario*
Just brainstorming here...what if LE has circumstantial evidence but they really need TH to crack. TH isnt going to say a word for fear of losing everything. Well, LE and KH work together to take everything away as sort of a "shock and awe" approach. Now they are sitting and waiting on what she will do now that she has nothing left to lose. LE isnt concerned about taking the focus off Kyron (if in fact this does) because, sadly, they know that no public outcry will help Kyron right now. They know that only the truth will help Kyron and they know who does and does not have the truth by now.

*just a scenario, no facts, my opinion*

 

[CaringCitizen]

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...

I find it interesting too. I think this all went down quite rapidly over the weekend. I think LE shared what they have with Kaine and Desiree and Tony. And I think that Kaine seeing evidence sparked a lot more conversation around discrepancies.

For example, if he was shown some of the interrogation footage, he could easily say, wait, that's not what she said to me. Etc, etc. It could have opened a gigantic dialogue and brought out all kinds of "oh my gods" for him.

Since as recently as Friday he was saying (in the 20min raw interview footage) that Terri was wanting to find Kyron as much as the other parents...but then he spent time with LE over the weekend and sha-bam...things took a rapid turn.

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By the way, your signature is my favorite of all - "stop animal cruelty". Thank you for carrying that message. My heart and philanthropic wallet center around that goal as well. It's another reason why I love Jane Velez Mitchell so much. She frequently spends time on the air about the atrocities of animal suffering that humans cause and provides solutions for how to stop the cruelty.

 

[BetteDavisEyes]

In the words of Margot Channing - one of Bette Davis' best known roles (All About Eve) - "Fasten your seatbelts. It's going to be a bumpy night."

 

[nursebeeme]

we must remember that not ONLY was this restraining order applied for by Kaine against Terri but it was ORDERED.

transcription of judge's handwritten comment at the bottom of the sealing of the restraining order linked upstream and also in the media thread by myself:

"further, neither party nor their cousnsel shall disclose the contents of the basis for the application and order without express permission of the court

 

[winterrose]

The petition does mention the following: "The petitioner (Kaine Horman) is submitting a petition for a family abuse prevention act restraining order contemporaneously with the filing of this petition."

 

[nursebeeme]

Kaine Horman's restraining order could be unsealed

http://www.koinlocal6.com/content/n...could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx

anything sealed can be unsealed. I personally don't see that happening anytime soon moo

 

[wondering1]

I find it interesting too. I think this all went down quite rapidly over the weekend.

sbm

I wonder if it had anything (everything?) to do with the 2nd poly. IIRC, that happened on Saturday...the same day he left.

 

[21merc7]

"WW reports that Kyron’s biological mother, Desiree Young, was married to Kaine until 2002, according to court filings. She was pregnant with Kyron at the time of divorce. She had a 7-year-old son from a previous marriage and said in court documents that she was afraid that Kaine would run off with the children. A judge ordered that neither Young nor Kaine could remove the children without the other’s consent, according to WW."

http://www.examiner.com/x-1168-Crim...eals-background-of-missing-Oregon-boys-family

Guess more can be found at WW, whatever that is.

ETA: Found it

"What hasn’t been made public is the fact that, a month after filing for divorce, Young sought a restraining order against Kaine Horman, Kyron’s dad.

At the time, she had a 7-year-old son from a previous marriage. In court documents, Young said she feared Kaine Horman would “remove our children from their residence.” It’s unclear whether the couple was living together at the time. Washington County Circuit Judge Donald Letourneau granted Young’s request, forbidding either her or Kaine Horman from taking the children without the other’s consent."

http://wweek.com/editorial/3633/14183/

If anyone knows how to capture this info for future reference, ie. before the web takes it away, please do so. TIA, I don't know how.

 

[CCup]

Kaine Horman's restraining order could be unsealed

http://www.koinlocal6.com/content/n...could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx

 

[pinkpuddytat]

It really doesn't take much to be granted a restraining order here in Oregon. I went through this with a friend not long ago,and it was as simple as getting the judge to sign off on it. Oregon has very VERY strong assault laws. If you have been threatened or are under the assumption that a person in your household could become violent, a judge will sign off, no questions asked.

That may be generally true, but I'm sure a judge would consult with LE and carefully consider all the evidence and implications before signing off on an order relating to an extremely high profile case. It was a given that any kind of restraining order issued against any family member in this case would generate national headlines. And in this case, there were definitely alternatives for protecting Kaine and the baby, such as 24/7 guarding by law enforcement officers (which is likely happening anyway).

 

[YellowSubmarine]

As I said it was not appropriate filling for divorce now.It did totally take the focus off of finding this little boy.Honestly it really made me look into Kane the father more and made me think what were his motives for doing the filling for divorce.This really could of and should have waited.

Hmmm . . . so you're saying if they have strong reason to believe TH may have harmed Kyron, it would've been more appropriate for Kaine and their baby to stay in the same home with her? My guess is that his "motives" are to protect what's left of his family.

Regarding if this should have waited -- what would you be saying if it's found TH DID harm Kyron, LE and Kaine knew but did nothing and TH ended up harming baby K?

We hear this too many times in cases like this -- "He should have waited" - but if he did it'd be "He should NOT have waited". If it's found out TH did have involvement and Kaine hadn't filed for divorce or the RO sooner, Kaine would be persecuted for that, too. It's very unfortunate in these cases when an innocent person is stuck in a no-win situation.

 

[chasing.halos]

It states that no one can disclose the contents of the restraining order petition without the court's permission and yet now there is a news article about the contents of the abuse prevent petition.

 

[DairyGirl]

Kaine Horman's restraining order could be unsealed

http://www.koinlocal6.com/content/n...could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx

KOIN Local 6 is joining with other media asking the judge to unseal the restraining order that has apparently been issued against Moulton Horman.

KOIN Local 6 feels this is of high public interest and the more information that is revealed in this case leads to a greater likelihood there will be answers about what happened to Kyron Horman.

From the above link.

Personally, I don't feel it's in the public's best interest to interfere with a criminal case. As much as I want to know what is in the restraining order, I would rather it remained sealed to protect the integrity of the case if it means that a potential murderer is punished for their crime.

 

[CharlestonGal]

Kaine Horman's restraining order could be unsealed

http://www.koinlocal6.com/content/n...could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx

"Divorce documents state that Kaine moved out of their rural Northwest Portland home on June 26."

So Terri did lie yesterday, June 28, when she said it was a rumor that Kaine and K**** moved out and that "Everything's good. Everything's fine." He'd already been gone two days by then.

 

[CaringCitizen]

has this been posted??? re: restraining order

http://images.bimedia.net/documents/Horman_restrain.pdf

also, here is transcription of the judges comment which was handwritten at the end of the document:

Interesting. I assumed "sealed" meant to the general public and media but that courts, attorneys, etc would have to be able to see it. This document though, seemed necessary (I guess :waitasec to partially 'unseal' for lack of a better word - such that certain parties could see it.

Since the court, attorneys, and Kaine/Terri would have to see it, it makes me wonder if the partial 'unsealing' was more for #2 in the list: "Any governmental agency".

Does that mean such as child protective services? "ANY" certainly seems broad though, doesn't it?

I know nothing about how these things work so just thinking out loud here.

Thanks for posting it!

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EDIT: Nursebeeme has corrected my thinking! I realize now that there was an RO, and then this doc was to seal that RO (but it inherently leaves some people allowed to see it). For some reason I thought the RO was already sealed and this new doc was to go back and unseal it for certain parties. I clearly wasn't thinking the RO process through very well. My above post is moot!!