Quick question - would the judge have granted the restraining order if there was no evidence of the MFH plot? Would he have done this just based on the word of the landscaper, or would he/she have required some other evidence first?
The initial restraining order is granted on allegations made by the petitioner. No other evidence need be presented. Allegations means that the petitioner said something happened without presenting any supporting evidence. That's all it takes.
Seriously.
As an example, in 2005 a woman in New Mexico petitioned a judge for a restraining order against David Letterman, alleging he was communicating with her via his show using secret words, gestures and eye movements.
The petition was granted.
David Letterman contested the order and it was immediately lifted.
Anyone can allege anything. When someone petitions the court for a restraining order, it is assumed by the court that they will be able to present evidence to support their allegations. The petitioner does not have to present that proof in order to get a temporary restraining order.
If the respondent chooses to contest the restraining order, they have a certain time period in which to do so (in Oregon, it is 30 days). If the respondent contests the restraining order, then they have a right to a show-cause hearing within two weeks of filing the notice to contest.
That hearing is called a show-cause hearing because the petitioner must show evidence to support their allegations.
If the respondent chooses not to contest the restraining order, then it stays in effect for a year. Choosing not to contest the restraining order is not an admission of guilt; all it means is that the respondent chose not to contest the order.
I'm trying to come up with a list of definite odd behaviors that are not just he-said/she-said, and the MFH plot is a big one, but LE hasn't indicated if there's evidence of it or not, so I've been assuming it's just based on the landscaper's word - but would that have been enough to support all of the recent legal actions against Terri?
Yes.
Odd behaviors list I have so far:
MFH plot (assuming there is evidence of such which hasn't yet been released to the public.)
Showing up at the gym asking about Kyron and Baby K.
Telling the reporters that everything is ok after Kaine had already moved out (acting like she was blindsided, but I don't think she was being truthful).
Posting on FB that she's "hitting the gym" shortly after Kyron disappeared.
Sexting with one of Kaine's former friends, who I think (correct me if I'm wrong?) was one of the people running the website for Kyron, also shortly after Kyron's disappearance.
3 polygraphs, which include failure and walking out in the middle of one of them.
Not once coming out to the public with a statement claiming her innocence! (this is the biggest one for me!)
Voluntarily surrendering custody of Baby K, the house, etc. without a fight (do innocent people do this? I find it odd), yet asking for money from Kaine.
Being untruthful about her whereabouts on the day Kyron went missing (was it Kaine or LE who confirmed this?) - her cell phone pings and credit card usage not matching where she said she was.
Am I missing anything?
I don't know if you are missing anything.
My problem with the above list is that, individually, every single one of those things could have an innocent explanation.
And even if they are all true, they do not add up to convincing me beyond a reasonable doubt that she was responsible for Kyron's disappearance.