The suspected perp DID move out. But it took the threat of a court hearing to make her move out--indeed, Terri finally agreed to leave just hours before the scheduled hearing, which was then canceled after She agreed to leave.
You can't just kick a resident of your home out, if they have established residence at your home. As they were both established residents of the house, Kaine would not have been able to make Terri move out without an eviction order, which he was in the process of getting when she agreed to move out.
Kaine left with Baby K when her learned of the MFH plot and when the pieces started coming together for him, mentally, that Terri just may be responsible for Kyron disappearing. I commend him for doing what it took to keep the baby safe and himself, as the baby's father, safe, EVEN IF it meant sucking it up and leaving HIS own home.
BBM
Wrong on all accounts.
http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf
III. RELIEF
A.
Mandatory (Not Discretionary) Relief
The court must order the following relief if:
A petitioner with an eligible relationship requests it;
and
The court finds, at the hearing, that respondent abused petitioner within the
preceding 180 days; and
petitioner is in imminent danger of further
abuse by respondent and that respondent
represents a credible threat to the physical
safety of petitioner or petitioners child.
[which the court
did find as the RO was granted under this act]
3. Ouster
Require respondent to move from petitioner's residence
if:
a. the residence is solely in petitioner's name;
b. the parties jointly own or rent the residence; or
c. the parties are married to each other.
[fit the requirements here, too]
6. Police "Standby" for Essential Personal
Property
Order that a peace officer accompany the party moving from the residence when that party removes essential personal items (or property of
the children) from the residence.
a. Such items include clothing, diapers,
medications, social security cards, birth
certificates, and other identification.
b. The courts only other authority to divide
property between the parties under FAPA is
the section authorizing other relief the Court
considers necessary to provide for the safety
and welfare of the petitioner or children in
petitioners custody.
c. The "standby" time is not required to exceed
20 minutes and usually does not in most
jurisdictions. A police "standby" is required
to be available on only one occasion.
IOW, all Kaine had to say in his petition for the RO is "I want her gone" and *poof* she would have been
forced to leave. This is mandatory, NOT discretionary relief.
http://law.onecle.com/oregon/107-marital-dissolution-annulment-and-separation/107.718.html
