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

[mamaeb]

If a parent was an alcoholic or drug user would that be enough to get a RO? Can an RO have conditions, like can not be alone with the child, or parent needs to have supervised visits from DCS or whatever it's called there?

yes, could this be a reason? Maybe also because she has a history of drunk driving with a child in the car

 

[swa]

If a parent was an alcoholic or drug user would that be enough to get a RO? Can an RO have conditions, like can not be alone with the child, or parent needs to have supervised visits from DCS or whatever it's called there?

Ummmm.... Let's don't beat around the bush here. I'm "assuming" that LE helped get the restraining order because she "possibly" killed her step son.
I'm "assuming" that is the condition.

 

[PoppyH]

Im just wondering if Terri is violent, would steroids make her mean??? Maybee thats one of the reasons behind the divorce and RO, JMO Her being a body builder I just wonder......

 

[SuziQ]

I don't know if I buy the RO story. Maybe this is all like telephone, where one thing is said and it spreads like wildfire, and isn't very accurate, when it actually gets out.

Usually when the divorce posts in the public records, the restraining order is posted at the same time. I just wonder why it isn't there. I have half a mind to go to Multonomah County Courthouse and see the physical record myself. Or is that too stalkerish?

I'm going to guess that the probable cause statement and any supporting docs for the RO are being sealed because they include investigative info.

I'd love you forever if you can find a way to get them though!

 

[chasing.halos]

Ummmm.... Let's don't beat around the bush here. I'm "assuming" that LE helped get the restraining order because she "possibly" killed her step son.
I'm "assuming" that is the condition.

I think they are trying to say that if someone were charged prior with child endangerment because there was a child in the car while the operator was DUI, a restraining order could possibly be ordered on that basis. I don't know about time frames though...

 

[PickieChickie]

If a parent was an alcoholic or drug user would that be enough to get a RO? Can an RO have conditions, like can not be alone with the child, or parent needs to have supervised visits from DCS or whatever it's called there?

No, a parent cannot file for a restraining order simply because the other parent is an alcoholic or drug user.

If there is a problem with that, and there is already a family law custody order in effect, the parent should file for a modification of the order which provides for specific visitation orders regarding custody to be requested.

If there is not an order in effect regarding custody, then a new case has to be filed. The documents allow for particular requests to be made and for the petitioner to attach a declaration explaining why the visitation schedule should be limited to supervised visits.

In California, the court appoints an investigator to meet with the parents and speak with the children, neighbors, grandparents, etc. so they can file a report with the court to assist the judge in making their decision.

The couple may also be required to go to mediation services where the mediator attempts to help them come to an agreement as to what the visitation schedule and stipulations (rules) should be.

Just because a parent claims a parent is this and that doesn't make it so. The court needs proof that the parent is a danger to the child or that it is best that the child spend the majority of their time with a particular parent.

Yes, the court may grant temporary orders for supervised visits while the allegations are investigated. However, if they are serious enough, the parent should file a report with the police or sheriff's department.

Restraining orders as in protective orders are to protect children from physical danger.

 

[mysticrose]

What is the difference between a temporary restraining order and a restraining order after hearing?

The terminology used differs from state to state - restraining orders and protective orders are examples of orders issued by a court restraining the conduct of a person and protecting a victim from the activities of an abusive person.

A "Temporary Restraining Order" is ordinarily issued after an "ex parte appearance" (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places.

A Temporary Restraining Order becomes effective only once it has been served on the restrained person (so s/he has notice and can seek an opportunity to be heard). In addition to the Temporary Restraining Order, an "Order to Show Cause" hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a more "permanent" restraining order should or should not be issued.

Temporary Restraining Orders usually can be issued the same day they are requested and remain in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to occur within 15 or 20 days.

Once the Temporary Restraining Order and Order to Show Cause have been served on the person to be restrained, a hearing can be held to determine whether there is sufficient cause for a court to issue a more "permanent" restraining order. Based upon the evidence presented at this hearing, a court can order the restrained person from engaging in certain acts and from being in certain places (such as the victims' residence and place or employment). After a hearing, a Restraining Order can remain in effect for a period of time, even several years. This Restraining Order After Hearing can also be renewed for additional periods of time upon application by the protected person, and its duration may become permanent.

http://family-law.freeadvice.com/domestic_violence/restraining_order04.htm

 

[TrialAddict]

Ummmm.... Let's don't beat around the bush here. I'm "assuming" that LE helped get the restraining order because she "possibly" killed her step son.
I'm "assuming" that is the condition.

So all it would take is thinking she killed, Kyron and he could get one?

 

[Teenie]

I really feel like a certain someone is in complete la la unicorn and rainbow land. "Everything's fine" with a thumbs up sign? Sorry but WTH?

I agree. Your 7 year old step son is missing. Nothing will ever be fine again. I realize that she was speaking in reference to her relationship with Kaine. However, I still cannot understand her word choice in some of the statements she has made. Especially for someone who appears well educated based on previous posts and links with regard to her Resume, etc. It is baffling. I know that everyone reacts differently during times of emotional duress, and I am not an expert on human behavior, but to me, her behavior has been off from day 1.

Could it be that there were issues in the relationship before Kyron disappeared? And that, in addition to the suspicion, were enough to provide the evidence necessary for the RO? But then, if there were issues, how could TH make statements such as "Everything's fine" or be so surprised that Kaine filed for divorce? Now I've just confused myself even more!!

 

[SuziQ]

The restraining order is very troublesome. To me it indicates that Kaine has very real evidence that Terri could bring (or - gasp - has brought) harm to the baby.

That Terri was in the media claiming the split was a rumor indicates to me that Terri has been blindsided.

Perhaps Kaine got information from LE that made him immediately realize that he could no longer be married to Terri for another day.

What did you do to Kyron, Terri?

It appears that is exactly what's happened if you read the first sentence of the family statement.

Did you catch the MCSO spokesman saying this was a personal issue for the family? Pshhhh. And LE lets a family issue a statement that talks about the investigation throughout, for their personal issues? Really?

 

[passionflower]

Im just wondering if Terri is violent, would steroids make her mean??? Maybee thats one of the reasons behind the divorce and RO, JMO Her being a body builder I just wonder......

Everyone talks about body building.........but maybe I'm seeing different pictures.
I do not see a well toned body on TH at all.
and can't steroids make you heavy as well as mean?
I have had to take steroids for a halth reason now and then and end up with a MOON face!

 

[passionflower]

This morning I figured we would hear from TH.
Her side of the story.
I'm sure reporters are by her door.........
Where is she?
Still at the house?
Last phone call with newsperson she was
out of breath and gathering up items???

 

[tlcya]

So all it would take is thinking she killed, Kyron and he could get one?

No. Peopl accuse one another of heinous things while divorcing/breaking up every day in thsi country. Courts are clogged with TRO RO requests from bitter ex's and the court generally tends to realize that a RO is often a tool used by people to exact revenge or get the legal upper hand over another. Because of this the Court requires some reasonable evidence that the RO should be issued for someones safety and wellbeing.

"I suspect this person is a bad person and may have done something to my son" is not going to be enough MOO

 

[SuziQ]

Just having thoughts here...what if the divorce is unrelated to Kyron missing i.e. TM was having an affair. If KH is furious he files for divorce and does not include her name on the statement. He's absolutely livid but because of the affair, not Kyron's disappearance. Just trying to find other explanations...I don't really beleive this but I guess anything is possible.

If you read the family statement, it's clear that the divorce and RO was not about a mere affair or anything along those lines.

IMO, MCSO would not have let the family issue a statement, on their official LE website, where they site the investigation for personal reasons.

 

[CaringCitizen]

Thinking out loud about some possibilities of how the tide could have turned so quickly, probably starting Saturday. Kaine DOES say in the 20min raw Friday footage that while he cannot comment on specifics, Terri is as interested as the rest of the parents, in finding Kyron.

When I think about what kind of evidence the police could have shown him, it could very well be that some folks' memories were jogged after the questionnaire. There could have been one or even more people who do not know Terri or Kyron but after seeing her photo and the truck and him on the flyer, said something like - I do remember seeing a red haired woman getting into a white truck and she had a child with her.

Next, I am sure that as they showed Kaine all the evidence (let's assume they do have pings on Sauvie that span a couple of hours - long enough to do harm) and he said - she told me she was at XYZ that day. Whatever LE showed to him, it certainly opened a dialogue for Kaine to give more detail on what Terri has been saying to him privately.

They may have even shown him raw footage of her interrogation sessions in which he was saying - that is not the story she told me. Then they ask him more, and so on. I think a dialogue of comparison started snow-balling when Kaine and LE spent time this weekend together. Topics could have included why they swapped cars Friday morning, how and what Terri said to him Friday during any communications they may have had, where she told him she was that day, things about Kyron's glasses, etc. I imagine LE also talked to Terri and Kaine separately about events of the past week leading up to the disappearance. Private matters in the household that could be relevant.

I agree with others that there probably were reasons already building up in Kaine's mind about a possible divorce, but the weekend disclosures and conversation with LE was enough for him to act upon it.

Certainly the restraining order to protect his other child stemmed from very strong information that didn't require him to mull it over for too long. He acted very swiftly. AND he did it in a way where Terri wasn't clued in to it; hence her telling reporters he hadn't moved out - and then minutes later (literally) getting served with papers.

Just my opinions.

 

[Chili Fries]

Im just wondering if Terri is violent, would steroids make her mean??? Maybee thats one of the reasons behind the divorce and RO, JMO Her being a body builder I just wonder......

Yes, steroids can cause mood swings and angry outbursts. Steroids are hormones and we know what happens when a person is flooded with hormones. It's also important to remember that the steroids used to increase muscle growth are hormones that are found to a greater extent in males (testosterone) so when women take them smaller doses can have a bigger effect.

Here is a short message board thread where a couple of women provide their experience with female roid rage:

http://www.elitefitness.com/forum/womens-fitness-female-bodybuilding-training/female-roid-rage-150482.html

 

[nursebeeme]

boy if terri ISNT involved she has so many lawsuits she can file.

most against her own family

:waitasec: they have not said one bad word in the media about her that I can recall :waitasec:

exactly what lawsuits could she file?

 

[Luxbee]

I just found out this news just now too... I can't believe it either... wow... goosebumps

 

[CountryGirl]

This story doesn't bode well for Kyron, IMO. I hate to even put that into words. I'm in Branson at a family gathering and have been checking the news hoping and praying he would be found alive. I'm just sick at my stomach.

 

[Cher352]

Hope it is OK to post this link...

Standard LE statement I guess.

Sheriff's spokeswoman Lt. Mary Lindstrand said Monday night her office is "not talking about personal issues going on with the Hormans." She said Terri Horman is neither a person of interest nor a suspect.​

http://www.huffingtonpost.com/2010/06/29/kyron-horman-missing-fath_n_629070.html