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

[loves2bmom]

Believe it or not, you're wrong. the way the process works, the judge grants a temporary restraining order based solely on the allegations of the person requesting it. No proof has to be provided unless/until the other party challenges. Since Terri never challenged - because she'd then be in the same pickle she's worked to avoid through abatement - Kaine never had to provide any evidence to support his allegations.

Desquire...thanks for chiming in on this thread so we don't have to go back and forth to the lawyer thread. I appreciate it so much! (or if I need to post it there...someone slap me upside the head..LOL)

Since the abatement was granted, doesn't that mean no motions can be filed with regards to visitation with Baby? The Civil proceedings are effectively halted? I thought I read that somewhere but it's all so confusing that I could have it wrong.

 

[gardeness]

Indeed.

You did not address the question in my post, however. If you were in Kaine's position, given what information you have been given by LE, would you want to hand your child over to Terri?

All I'm saying is, right, wrong or indifferent, I cannot fault Kaine for the actions he has taken.

If I were in Kaine's position, I would have confronted my spouse myself--either with the police present or over the telephone. I suspect that if Kaine had done so, LE would have spent the last 3 months looking at other leads...moo

 

[Lanie]

And since the RO was granted before Terri ever knew she was going to be slapped by one, and once served spent time getting a divorce attorney and a criminal attorney, it could be reasoned that she did not challenge the RO was on the advice of her attorneys, for reasons yet to be reasonably explained, outside of constitutional rights violations this act seems to have perpetrated on Terri and her daughter.

BBM

Her attorney seemed pretty clear on delaying the divorce so TH did not have to give testimony that could be used against her in criminal proceedings.

I don't see this as violating TH's constitutional rights. She has a choice to refute charges made against her, and she has chosen not to, for whatever reasons, and not having any contact with her daughter is the result. IMHO, that says to me CHA is more important than seeing her daughter.

 

[Kimster]

The only reason one would need to go to the Q&A thread to ask one of our wonderful lawyers a question is if the question were OT or if they aren't online and you'd like them to see the question when they return.

 

[desquire]

I had considered that possibility, but at that time, how did anyone know she wouldn't challenge? Was the RO being used as a litmus test and/or a lawyer's game of chicken?

Let's say it was a very shrewd "heads I win, tails you lose" maneuver. If she doesn't challenge, he gets her out of his life and gets the baby to himself, if she challenges, he gets to essentially try her for Kyron's disappearance with a much lower burden of proof and without affording her any of the constitutional protections she would have in the criminal court.

It's an unfair situation for Terri, no doubt, but at the same time I don't mean that as a criticism of Kaine - in his shoes I'd do the exact same thing.

 

[eyes4crime]

Thanks Eyes. I wasn't implying that Houze is lying or perjuring himself, but here in Canada, when someone else pays your bills for you, you have to declare it as income or a gift in which case Kaine should be made aware, for tax purposes!

Pretty sure that's the case here in the states also. Can't remember the amount that has to be declared...but is an anonymous contribution a gift? Does the anonymous person who donated to Kyron's reward fund have to declare that money as a gift? And if so, when? Even more interesting is your question about a judge's ability to check out the source. Honestly don't know the power of a judge - have to leave now or else I would put this question on the lawyer thread...If you don't I will later on. Thanks for the interesting question. moo mho

 

[debs]

I asked this earlier, but if Houze might have a trust set up that is dedicated to something like constitutional violation issues, then that money for his services to argue those cases isn't necessarily for the client, but the cause. Is that a possibility?

 

[desquire]

Since the abatement was granted, doesn't that mean no motions can be filed with regards to visitation with Baby? The Civil proceedings are effectively halted? I thought I read that somewhere but it's all so confusing that I could have it wrong.

Right. no motions can be filed in the divorce proceeding until January 6. Since the restraining order matter has been consolidated with the divorce proceeding, I believe that Terri can't request any change to the custody provisions in the restraining order until then.

 

[SurfieTX]

Let's say it was a very shrewd "heads I win, tails you lose" maneuver. If she doesn't challenge, he gets her out of his life and gets the baby to himself, if she challenges, he gets to essentially try her for Kyron's disappearance with a much lower burden of proof and without affording her any of the constitutional protections she would have in the criminal court.

It's an unfair situation for Terri, no doubt, but at the same time I don't mean that as a criticism of Kaine - in his shoes I'd do the exact same thing.

This is where I find the waters to get muddied. Gitana described a situation where her partner challenged the RO "evidence" without ever putting his client on the stand. The case was somewhat similar in that there was also a concurrent criminal charge for domestic violence intertwined with the RO. I believe Gitana practices in California, so perhaps Oregon treats things differently.

 

[tlcya]

Is it possible that Houze took Terri's case on with the understanding that he would then be the authorized party to broker a deal to sell book, movie or story rights with the proceeds going directly to him in exchange for anticipated legal services in the crminial matter?

 

[Dee10]

Right. no motions can be filed in the divorce proceeding until January 6. Since the restraining order matter has been consolidated with the divorce proceeding, I believe that Terri can't request any change to the custody provisions in the restraining order until then.

Wozer :doh:and she asked for two years, that says a lot.

 

[stmarysmead]

Wozer :doh:and she asked for two years, that says a lot.

Well, well, well.

 

[debs]

Wozer :doh:and she asked for two years, that says a lot.

I thought that his statement was "it could take up to two years...." not "give me two years for this."

I'll have to go check!

 

[krowdkat]

I thought that his statement was "it could take up to two years...." not "give me two years for this."

I'll have to go check!

The judge sought a middle ground, ruling the divorce would be stalled until Jan. 6 -- not granting the two-year abatement that Terri Horman's lawyers had sought but also refusing to allow the divorce case to proceed immediately, as Kaine Horman's lawyer had urged.


http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html

 

[BeanE]

Judge delays Terri and Kaine Horman's divorce case until January, agrees Terri faces 'substantial legal risk'
Published: Thursday, October 07, 2010, 9:36 PM

Kaine Horman said after the judge's ruling that he was fine with the brief delay.

"Hey that's 90 days, 3 months from now, " he said, speaking outside the courthouse's front doors.

He said it didn't upset him to see his wife in person for the first time since he left their house June 26. He said he stayed focused on his daughter and his family during the hearing. He declined to comment on whether he would want Terri Horman to be allowed any parenting time with Kiara.

During the hearing, Bunch corrected Rackner, who suggested that Terri Horman's son J was living with his father. No, Bunch said flatly, J is living with his mother.

http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html

 

[loves2bmom]

Not sure where to put this but did anyone catch that older brother, J is back living with Terri?

"During the hearing, Bunch corrected Rackner, who suggested that Terri Horman's son J was living with his father. No, Bunch said flatly, J is living with his mother."


http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html

 

[loves2bmom]

Judge delays Terri and Kaine Horman's divorce case until January, agrees Terri faces 'substantial legal risk'
Published: Thursday, October 07, 2010, 9:36 PM

Kaine Horman said after the judge's ruling that he was fine with the brief delay.

"Hey that's 90 days, 3 months from now, " he said, speaking outside the courthouse's front doors.

He said it didn't upset him to see his wife in person for the first time since he left their house June 26. He said he stayed focused on his daughter and his family during the hearing. He declined to comment on whether he would want Terri Horman to be allowed any parenting time with Kiara.

During the hearing, Bunch corrected Rackner, who suggested that Terri Horman's son J was living with his father. No, Bunch said flatly, J is living with his mother.

http://www.oregonlive.com/portland/index.ssf/2010/10/judge_delays_terri_and_kaine_h.html

Great minds...and all that.....

 

[debs]

I sure caught that it didn't upset Kaine to be sitting at the same table with Terri, this person who supposedly did all these horrible things.

 

[krowdkat]

I sure caught that it didn't upset Kaine to be sitting at the same table with Terri, this person who supposedly did all these horrible things.

Same table?!? That's odd, every courtroom I've ever been in seperate the Defense from the Prosecution.


I don't know why Kaine would be worried to be in the same courtroom as TH. There are deputies with guns all over that building as well as in the courtroom. Plus, they most probably had to go through metal detectors.

 

[Dee10]

I sure caught that it didn't upset Kaine to be sitting at the same table with Terri, this person who supposedly did all these horrible things.

Obviously, he is a very focused and patient man. "He said he stayed focused on his daughter and his family during the hearing."