Contempt of Court :Revealing Sealed Docs

he would not normally be listed in the divorce petitions because he is not a child of TH, however, in CA, Th could claim visitation rights since she raised him. I don't know how it is in Oregon.
What disturbs me is that Kyron is not, and could easily have been, listed on the RO paperwork. Anyone can be listed as a protected party along with the person who files, if they live with the victim and/or perp. The fact that Kyron is not listed as a protected party on that paperwork speaks volumes to me and not in a good way. As an attorney, I would have had him listed unless I knew he did not need to be protected anymore. :(

Me too, but what does it say when it speaks? I can't think of any logical reason he wouldn't have been on there but one. And if that reason is true, how could we possibly not know it already?
 
Me too, but what does it say when it speaks? I can't think of any logical reason he wouldn't have been on there but one. And if that reason is true, how could we possibly not know it already?

I am reminded of Lacey and Natalee. I think it was reasonable to assume in both of their cases that they were no longer with us, but the cases were so circumstantial that LE needed a body and/or a confession. As well, unfortunately, I think it is in the top percentile of assumptions that Kyron is no longer with us too, but w/o a confession or a body, there's just not much of a case - which is horrible. LE allowed Scott P. to flounder around a LONG time out there while they were building their case. They know they have TMH cornered. Something's gotta give sometime.
 
If TH understood that her actions would cause the press to jump all over every detail contained in the RO, would she have made this mistake? I don't think so. I wonder if she thought she'd get sympathy, because the charges were just. so. outrageous. And she trusted this man so completely-- Why?

Maybe she's accustomed to people doing her bidding and hiding her deceit.

http://www.kptv.com/news/24229196/detail.html


The missing boy's stepmother also asked Cook to lie to her attorney and others about his visit to her home, the court paperwork states.

 
I am reminded of Lacey and Natalee. I think it was reasonable to assume in both of their cases that they were no longer with us, but the cases were so circumstantial that LE needed a body and/or a confession. As well, unfortunately, I think it is in the top percentile of assumptions that Kyron is no longer with us too, but w/o a confession or a body, there's just not much of a case - which is horrible. LE allowed Scott P. to flounder around a LONG time out there while they were building their case. They know they have TMH cornered. Something's gotta give sometime.

I was thinking along the lines of why wouldn't KH put him on their anyway? What could it hurt. If he believes that Kyron is possibly alive, as he's said he does, or even if he just *needs* to believe it, why not just put him on the RO. No lawyer would tell him not to -- even if it was just to appease or console him -- since there's no harm in it. I just don't know....
 
Interesting. When did she request the hearing on the RO? I'm surprised we didn't see any of THAT paperwork when the msm has been all over the other pleadings. Or maybe I missed it. Although it's not bloody likely considering how way too much time I've been spending on this lol

You need a subscription to OJIN, right? I'm assuming you have one. Can you see the actual documents, or just the docket entries?

eta: I forgot my manners. THANK YOU for looking and letting us/me know!

I think the hearing was probably automatically scheduled at the time it was filed, though I don't know for sure.

I do have a subscription, but cannot see the documents, only the docket entries and they are sometimes written in a court "code" that isn't always consistent nor easy to understand.
 
I think the hearing was probably automatically scheduled at the time it was filed, though I don't know for sure.

I do have a subscription, but cannot see the documents, only the docket entries and they are sometimes written in a court "code" that isn't always consistent nor easy to understand.

Thanks. That's the way it is here, too. You can only see the docket. Except ours is public -- no subscription required.

About the hearing, it's my experience, at least here, that the hearing has to be requested because the respondent can choose not to challenge the RO. The Petitioner can't just request a hearing and force the respondent to either attend or default. Respondents sometimes don't request a hearing for the evidentiary reasons that have been mentioned here -- anything said or found by the court in the context of such a hearing can be used against them in another proceeding.

Frankly, that's why I was so hung up on the particulars of what the July 22nd hearing was all about. I hadn't (and still haven't) seen where any request for a hearing on the original RO was made. And the request for hearing on the ouster piece was made by KH, not by TH, and that's only because he didn't request it in the original Petition. If he had, she would have had to move out or request a hearing on the whole RO. So procedurally, it's become very complicated. Idk, I'm still not 100% sure we know exactly what's going on, even though they are clearly reporting she's waived a hearing on custody issues. What did you read on OJIN that made you conclude that the hearing on the 22nd was on all issues? I'm seriously just really curious and a little ocd lol. Don't mean to hound you personally on this issue :) Off to google whether you have to request a hearing in Oregon....oy
 
Gwenabob,

Here's what I found. And now that I see it, I think it's been posted before. I don't think the first part (where the Judge sets the hearing) applies b/c the Judge has already ordered the custody provisions.

In that case, the respondent has 30 days to request a hearing. Otherwise the RO stays in effect for a year, or until the Judge "drops it." If you still need one after that time, you have to go through the whole process again.

Will A Hearing Be Scheduled?
In a few cases, the judge may wait to make a custody order and will set a hearing to get more information about the children from you and the respondent. You must go to that hearing or the order will probably be dismissed (dropped). Otherwise, the respondent has 30 days from the date of service to request a hearing. If the respondent does not request a hearing, the restraining order will stay in effect. If the respondent does request a hearing, it will be held very quickly. You may have as little as two days to get ready to go to the hearing. If the hearing is scheduled more than a few days away, the court will send you notice of the time and date of the hearing in the mail. If there is not enough time to mail you a notice, the court may contact you by telephone. Be sure the court always has your current contact addresses and contact phone numbers so you get notice of any hearing. You also can call the court to check to see if a hearing has been set. Remember, you must go to the hearing or the order will probably be dropped. If you cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an attorney represent you at the hearing, but it is not required.


How Long Does A Restraining Order Last?
A restraining order lasts for one year from the date the judge signed it or until it is dropped by a judge. It can be renewed for one year at a time, if the judge believes you are likely still in danger. To renew the order, you must file the court paperwork before the order ends.


eta the link: http://www.osbar.org/public/legalinfo/1140_RestrainingOrders.htm
 
"Even if authorities suspect but can't prove Terri Horman was involved in Kyron's disappearance," Multnomah County Sheriff's Office Capt. Bruce McCain told the morning show, "the next-best-thing is to arrest and charge her with a separate, unrelated crime."

Police haven't officially named Terri a suspect or person of interest.

Says McCain, "They need evidence. … Police may have enough probable cause to arrest Terri Horman, but the endgame here is not arresting her; that simply begins the prosecution."

http://www.cbsnews.com/8301-504083_162-20010381-504083.html

http://www.cbsnews.com/stories/2010/07/13/earlyshow/main6673211.shtml?tag=contentMain;contentBody

(New pictures of Kyron here also, he is so adorable)
 
I am still looking for that post by the member here. It might be downstairs?

I don't know Oregon law on RO's. I also don't know if KH was in a shelter for abused spouses. I also don't know what Oregon's policy is on if the address where the person fililng the RSO is a shelter how that is handled.

Hopefully, the member that posted her/his experience will see this and answer.

HTH.

When a friend of mine (in NC) filed a RO against her ex she had to list an address. She was staying w/ me. I didn't want my address on the RO because he is a drug crazed psycho; but, she had to list it in order to file it. I thought it was pretty stupid too. Pretty much handing over the person filing the RO on a silver platter.
 
i wanna start taking bets as to when her lawyer will dump her....

my lil bro is in some trouble with the law. he's a 25 year old human acting like he is 13 (and has been for awhile now). His lawyer was strict about what he may or may not do, how to act while they were waiting for his court date. The lawyer told my little brother....you mess up these rules I've given you...I'm out. No questions asked. She almost quit when he showed up to court looking like a wanna be gangster. Im surprised she didn't.

So...what I'm trying to say...it how much is this lawyer or TH's going to put up with?

It was posted in the 'abduct' thread that Houze is going to represent her in the contempt hearing and also with whatever comes up in the Kyron case.


But I bet he read her the riot act and told her this was her one and only chance. Screw up again and he's outta there. I think he should have dumped her, though . JMO
 
Perhaps someone smarter than me can explain the "main point" of the contempt thing... But here's my take on it's importance and why the "abduct" thing was brought up today too. I think that what is important about the contempt (+ previous notes of inquiry about when Kaine is at gym with the baby) and the timing of the RO is this... (although someone can correct me here)

Document today:
http://images.bimedia.net/documents/horman-affair.pdf

That RO was sealed... It was NOT unsealed until July 8th. It was not to be shown to ANYONE except:

(page 8)
1. Oregon courts and court staff
2. any governmental agency
3. the parties (Kaine and Terri)
4. respondent's attorney
5. petitioner's attorney

AFTER Terri received it, on the day she received it mind you -- she permitted MC to see it (received: June 28th; page 9 beginning at line 21 onward in the above linked document.) According to the document, MC photographed it and then, later, provided information about that document to 2 other individuals! I don't know "when" he showed it to others, but we "might" assume that it was in a time frame that was out of order with the seal. EITHER way, this was an RO, was Terri trying to let others (3rd parties) try to contact or interfere with Kaine's life? TERRI broke the seal... Apparently she broke the RO.

Could we presume that Terri knew that MC let the other 2 individuals know -- or asked him to show it to others for some purpose? Not necessarily, but they wouldn't have known anything about the RO if she had adhered to the sealing of the document (during its sealing). Additionally, regardless of the timing, if she was to be restrained from Kaine, why is she letting others know where he is? She is to LEAVE HIM ALONE!

page 10 beginning at line 3 onward.
"Further, Respondent allowed Mr. Cook to take cell phone camera photographs of the sealed restraining order. Of particular concern to the petitioner was the fact that a cell phone camera photograph was taken of the Petitioner's listed address. In fact, the search of Mr. Cook's cell phone also revealed that a Google Maps search of the address was later performed by Mr. Cook." (it goes on to say that Cook told LE that he didn't go to the Petitioner's address.)

Later he searched? For whom did he search? To whom did he provide search information? Did he provide Terri with that Google map or a detailed description of how to get to Kaine's residence?
IF she showed MC the documents, asked him to google a map for her, then lie that she was never there ... it sounds like she was trying to cover her tracks so that the map search would not be located on her phone or computer. WHY would MC agree to that? Could it be that he was another possible hit man?


SCAAAAAAAAAAAAARY! Particularly in light of a few things...

Also in the court document (starting at line 21, page 10):
"While Respondent, at times, references that she misses both children, K[] and K[], the significant majority of the material deals with social and personal matters between Mr. Cook and Respondent and belies that assertion. Respondent asked Mr. Cook to lie to her attorney and others about the fact that she had gone to Mr. Cook's home."

Lie? Did Mr. Cook print out a photo of that Google map? Why would Terri want Mr. Cook to lie about Terri being at his home?

Page 11, line 8 discusses the gym thing... Terri asked the gym clerk to let her know if Kaine came to the gym with the baby.

"... on or about June 28th, 2010, and prior to the service of the legal documents, Respondent came to that location looking to 'abduct' her daughter, K[], from the gym daycare center while Petitioner worked out at the gym."

"Prior being the word here ... if the RO had not been issued or served was TMH told she was to stay away from the baby? I mean, when a mother takes her child it is called parenting rather than kidnapping ... unless the RO said otherwise?

The word "abduct" -- to carry off by force. I wonder if there is a thing at the gym that "if you sign your child in, it is you who must sign your child out." I think there is a reason that the word "abduct" was used in that document.

At our gym, the daycare issues a bracelet w/ a number on it to match the child to parent(s). You must have that bracelet to check your child out.

Additionally...is it possible that on June 26th, after the 9-1-1 calls that a) Terri knew that it was a sting, and why the sting AND b) that she was told that Kaine had taken custody of the child and now she would have to go to court to get custody back?

BOTTOMLINE:
a. Terri was thought to be trying to "abduct" the baby on the 28th (for whatever reason), I suppose that could be argued in the court, but that was the word used in the document. EVEN IF the RO papers hadn't been served yet, there was probably certain legal precedent set at that time. Perhaps the police had told Terri something to keep her at a distance from Kaine and the baby AND that was known by the person who wrote the word "abduct."

Again, TMH was baby k's biological primary care giver prior to Kaine leaving. How could it be considered an "abduction" unless her custody rights had already been terminated or temporarily interrupted? BTW, I get it, I understand why people are looking at it as an attempted abduction ... I am just wondering how that would hold up under the law if the RO had not already been served?

b. Terri broke a "sealed" RO. Further, I think it is likely she "used" someone to Google a map for her.

In having someone else google the map she hoped it would not be linked back to her. I am curious if she was looking to abduct the baby or direct another hit man?

c. Terri didn't want anyone to know that she had been at the home of the person with the Google map, why?

B&RBM ... blue is my comments

ETA: I am also baffled that Terri is not going to contest custody. What?? Why not?
 

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