KYRON HORMAN - 7 yo - Portland OR

Terri Horman restricted from guns and parenting

PORTLAND -- The father of missing Portland boy Kyron Horman has filed for divorce, obtained a restraining order against his wife and moved out with their young daughter.
The restraining order was sealed by Multnomah County Circuit Judge Keith Meisenheimer, who handles family law. However, the abuse prevent petition showed that Terri Moulton-Horman was granted no parenting time and restricted from accessing firearms. Kaine Horman was granted sole child custody, although no children were specifically named in the documents.
http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

The petition does mention the following: "The petitioner (Kaine Horman) is submitting a petition for a family abuse prevention act restraining order contemporaneously with the filing of this petition."

The restraining order was sealed Monday by Judge Keith Meisenheimer.

KOIN Local 6 is joining with other media asking the judge to unseal the restraining order that has apparently been issued against Terri Moulton Horman.

KOIN Local 6 feels this is of high public interest and the more information revealed in this case means a greater likelihood there will be answers about what happened to Kyron Horman

http://www.koinlocal6.com/content/news/topstories/story/Kaine-Hormans-restraining-order-could-be-unsealed/Dz4uMChK60KCWjy3W5FG4Q.cspx
snipped

I thought Terri doesn't work. Most likely she will not have to pay child support if she is not working. If she does start working, the child support will be calculated based on several parameters such as her income, Kaine's income, etc. In the end, she may not pay any child support at all even if Kaine receives full custody. Also considering that Kaine has a large income.

Brief update:

The court finding that vacating the portions of the prior order restricting public access in the above entitled case to OJIN, the EX-PARTE MOTION AND ORDER TO RESTRICT ACCESS TO FILE, and the ORDER, entered on June 28, 2010 in the above entitled case will not risk compromising the effort to find Kyron Horman and related criminal investigations.
The order restricting access to the file in the above entitled case is hereby vacated ....(more at link)

Dated June 29, 2010


http://images.bimedia.net/documents/Horman_restrain.pdf

Unless I am reading this incorrectly, the items that they are unsealing do not amount to much.

i want to see the entire restraining order -

and i just thought it was odd that child support was part of the divorce filing, when kaine knows she doesn't work. he assumes as the petitioner that he files for sole custody and therefore, as custodial parent, he gets child support - regardless of his income? every state has ways of figuring child support - wonder what kaine knows that we don't?

so i guess the 24/7 LE presence is gone from the family home now? wonder what this means?

No New Info In Search For Kyron, Deputies Say
POSTED: 4:08 pm PDT June 29, 2010
UPDATED: 4:14 pm PDT June 29, 2010

http://www.kptv.com/news/24087500/detail.html

Focus Of Kyron Horman Case Shifts To Family
Kaine Horman Files For Divorce
POSTED: 11:05 am PDT June 29, 2010
UPDATED: 4:43 pm PDT June 29, 2010

Article: http://www.kptv.com/news/24083257/detail.html

Video: http://www.kptv.com/video/24087726/index.html

Divorce Petition: http://www.kptv.com/download/2010/0629/24086986.pdf

Motion To Seal Restraining Order: http://www.kptv.com/download/2010/0629/24087136.pdf

The restraining order was sealed by Multnomah County Circuit Judge Keith Meisenheimer, who handles family law. However, the abuse prevent petition showed that Terri Moulton-Horman was granted no parenting time and restricted from accessing firearms. The no firearms clause was routine in such cases, a court clerk said. Kaine Horman was granted sole child custody, although no children were specifically named in the documents
snipped and BBM
http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

"Terri Horman restricted from guns and parenting"

OK, I can understand the parenting but, why guns? Unless she has an earlier arrest involving weapons this doesn't make sense to me. Don't get me wrong, I think it's good to have in it writing but, just makes me wonder what she's been involved in that involved firearms????

oviedo45 wrote:The restraining order was sealed by Multnomah County Circuit Judge Keith Meisenheimer, who handles family law. However, the abuse prevent petition showed that Terri Moulton-Horman was granted no parenting time and restricted from accessing firearms. The no firearms clause was routine in such cases, a court clerk said. Kaine Horman was granted sole child custody, although no children were specifically named in the documents
snipped and BBM
[url=http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html[/quote[/url]]

with his ex-wife Desiree Young and her husband, Tony Young.
The statement, released late Monday, read in part: "Any actions taken by the investigation, or by us, are based on the best interests of Kyron and Kiara and comply with the law. Beyond this, we have no comment on the matter." It was signed by Kyron's father, step-father and mother, but not Terri, Kyron's step-mother.
from same article -
so they basically have cut terri out -

alwaysbelieve wrote:"Terri Horman restricted from guns and parenting"

OK, I can understand the parenting but, why guns? Unless she has an earlier arrest involving weapons this doesn't make sense to me. Don't get me wrong, I think it's good to have in it writing but, just makes me wonder what she's been involved in that involved firearms????

i think they know something we don't know - and i don't think it is a good thing -

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(*Credit TRUTV site) FYI:

Local media is saying Terri says via a friend that she may speak to media, that she didn't speak to the media to this point b/c Kaine told her not to and she's been doing everything he said to...and further that she had no idea she was going to get hit with divorce and ro. Short article, but here is the link.

http://www.koinlocal6.com/content/ne...jy3W5FG4Q.cspx

(Snipped by me):

The friend said Terri may consider talking publicly and airing her side of the story.

“She’s been doing what Kaine said all along and he’s been telling her to stay quiet. The public will benefit from hearing what she has to say.”

she certainly has a crew of followers who have been posting at the various local websites supporting her - if she does speak, the only thing i want to know is where did she go that friday - and who can prove it besides her ? anything else she has to say, i could care less about - i know that is harsh - but if she was innocent of anything - she would have been cleared immediately and yet, nearly 4 weeks we are still wondering what she did that day.

Sorry, posting all I can find...running in and out...

Dan Abrams: Kyron Horgan’s Family May Suspect Of Stepmother In Disappearance
7:17 pm, June 29th, 2010

Includes video

http://www.mediaite.com/tv/dan-abram...disappearance/

Also, Per NG reporter, Her bio son moved to be with bio father because he was in conflict with Kaine....(Per bio father of older child)

hawaiicalls wrote:Sorry, posting all I can find...running in and out...

Dan Abrams: Kyron Horgan’s Family May Suspect Of Stepmother In Disappearance
7:17 pm, June 29th, 2010

Includes video

http://www.mediaite.com/tv/dan-abram...disappearance/

Also, Per NG reporter, Her bio son moved to be with bio father because he was in conflict with Kaine....(Per bio father of older child)

Perhaps therein lies the motive. Could it be revenge? I lost my son because of you so I'll get rid of yours?
I'm so sick of the lack of info. Now that Kaine has taken their daughter and moved out and filed for divorce I think it's time LE should unzip those lips and tell us what they told Kaine, Desiree and Tony.

kiwimom wrote:

hawaiicalls wrote:Sorry, posting all I can find...running in and out...

Dan Abrams: Kyron Horgan’s Family May Suspect Of Stepmother In Disappearance
7:17 pm, June 29th, 2010

Includes video

http://www.mediaite.com/tv/dan-abram...disappearance/

Also, Per NG reporter, Her bio son moved to be with bio father because he was in conflict with Kaine....(Per bio father of older child)

Perhaps therein lies the motive. Could it be revenge? I lost my son because of you so I'll get rid of yours?
I'm so sick of the lack of info. Now that Kaine has taken their daughter and moved out and filed for divorce I think it's time LE should unzip those lips and tell us what they told Kaine, Desiree and Tony.

"Terri can ask for a hearing or the judge could set a hearing date if he finds exceptional circumstances, but Runstein said these family matters will probably be delayed until the criminal case is completed."

http://www.katu.com/news/97436564.html

Admin wrote:OH! Wow...this is telling....Terri is required to maintain life insurance on herself with the baby as the irrevocable beneficiary of said life insurance policy. INTERESTING. My divorce papers had no such requirement....I don't think that is necessarily standard....

---Now here's something I know about. If the policy was in force prior to the divorce/separation, even if it named Kaine as Beneficiary, most judges would, if requested, maintain such an order. The court, generally, will not force you into purchasing a new policy. In most cases, it is considered to be an asset and therefore should remain in place.

oviedo45 wrote:

Admin wrote:OH! Wow...this is telling....Terri is required to maintain life insurance on herself with the baby as the irrevocable beneficiary of said life insurance policy. INTERESTING. My divorce papers had no such requirement....I don't think that is necessarily standard....

and if she isn't working, how is she going to pay for it? and is only the baby the beneficiary? not kyron and not kaine, in trust?

---Any payments made to any "minor" beneficiary would have to be held in trust. The trustee would, at least, be approved by the court and in many instances, be appointed by the court as well... unless the decedent named a trustee in conjunction with the trust documents prior to death.

"Well, here's what we have to believe if we believe her. We have to believe, as Marc Klaas said, that if she is telling the truth that someone, a pedophile, a boogie man of sorts, grabbed that little boy within feet of her and within seconds of her turning away from her child inside the school," Delong said. "And then we are to believe that since he's been gone three weeks that the child, that they got away with it. With all kinds of people around and no one saw a thing. That's pretty hard to believe. Could it happen? Possibly. Is it likely that that's what happened? I don't think so."

http://www.kptv.com/news/24080333/detail.html

Kaine Horman, the father of missing 7-year-old Kyron Horman, cited
“irreconcilable differences” as the reason for the breakdown of his
marriage to Kyron’s stepmother Terri Moulton Horman, according to court
documents released Tuesday.

At 6 p.m. Monday Terri was served with divorce papers, according to a
source. She has not responded to requests for comment.

The court documents do not reveal more about why the couple’s marriage
is in trouble and they make no reference to the disappearance of Kyron
who vanished June 4.

In some states a specific reason has to be stated for wanting a divorce
but in Oregon couples only have to say they don’t get along and it’s not
possible to fix the marriage.

Portland attorney and part-time law professor, Dennis Steinman, said the
divorce won’t affect the legal tenet of marital privilege where a
spouse doesn’t have to testify against another spouse.

“This might be a real key issue here is that if one spouse is opposite
and adverse to the other spouse the privilege doesn’t apply,” Steinman
said. “So it only applies when it’s somebody else bringing the action,
trying to force one spouse to testify against another (spouse).”

Kaine is also asking for full custody of their 18-month-old daughter,
Kiara, and that Terri pay child support.

According to the documents, Kaine moved out of the family’s home on
Saturday, June 26.

Kaine also filed for a restraining order under the Family Abuse
Protection Act against his wife to keep her away from Kiara.

The petition for the restraining order has been sealed by Judge Keith
Meisenheimer who said he was concerned it could jeopardize the ongoing
criminal investigation into the disappearance of Kyron.

A local family law attorney said in order to get a restraining order,
Kaine has to accuse his wife of committing some sort of abuse in the
past six months.

“There’s the actual affidavit in support of that petition,” said Robin
Runstein. “And those would contain the allegations of abuse, and if
there is something there that law enforcement finds helpful and possibly
damaging to their investigation, I’m not surprised that a judge would
seal it.”

According to the law, the petitioner must show abuse and that “there is
an imminent danger of further abuse” and a “threat to the physical
safety of the petitioner or the petitioner’s child.”

Kaine does not have to prove his case beyond a reasonable doubt.

The judge signed the petition to deny Terri access to Kiara and
prohibited her from owning a gun.

Meisenheimer did release the cover sheet and said it “will not risk
compromising the effort to find Kyron Horman and related criminal
investigations.”

Terri can ask for a hearing or the judge could set a hearing date if he
finds exceptional circumstances, but Runstein said these family matters
will probably be delayed until the criminal case is completed.

She said judges normally don’t want to compel someone to testify in a
family law matter if it could harm them in an ongoing criminal case.

Meanwhile, Kaine’s attorney, Laura E. Rackner, with Gearing, Rackner
& Engel, released a short statement Tuesday:

“Mr. Horman has a continuing desire to bring Kyron home safely, and to
provide for the best interests of his daughter Kiara. I refer you to the
public statement issued by the family yesterday, which is
included below. Mr. Horman remains supportive of all of the law
enforcement agencies working to locate Kyron and will continue to act in
his children’s best interests.”
Investigators have refused to comment about any possible suspects or
persons on interest in the case and no one has been charged in Kyron's
disappearance.

• Read
  the divorce documents (PDF, public record)
  
• Read the
  restraining order seal document (PDF, public record)
  

Attorney Robin Sax:
My first reaction to the Kyron Horman
disappearance was "we
don't have to automatically blame the stepmom without any evidence."
In the case of missing kids (or any case), it it critical not to rush
to judgment and cast blame until due diligence is gathered.
newsblaze.com




There are two ways to approach a case. One is where we look at
evidence to lead us to perp and the other is to look at the perp and dig
for the evidence. It is always best practice to look at the evidence
naturally, weighing the inner circles first and moving outward from
there.

At this point in the investigation, I think suspicions about stepmom Terri Horman
are more than warranted as the evidence is stacking up in the court of
opinion. While Terri is not officially a suspect or person of interest
on any law enforcement lists (yet), I do believe Terri is very much a
person of public interest.

Let us examine some of the known facts gathered in the last weeks:

1. Terri was the last person to be with Kyron before he disappeared
almost a month ago.

2. Terri was the person who reported Kyron missing.

3. The police said that the community "need not be in fear for their
kids' safety" (this is a strong indicator that the police don't believe a
deranged predator is on the loose - rather, it was an isolated incident
... i.e. Kyron may have known the person who took him and there may be a
unique motivation for this crime specifically.)

4. Allegedly, Terri wrote on her Facebook page soon after the boy
vanished that she was "hitting the gym." However, it should be noted
that officials told the family to "continue their normal routine."
Nevertheless, if her state of mind was truly grief stricken, wouldn't
you expect a post would say "talking a walk..." or "trying to work out
today" or something softer than "hitting the gym" which just sounds so
flippant and normal. Compare this statement to the boy's biological
mother's open letter to her son right after he went missing. Desiree Young
(who did not have custody of the boy but saw him every weekend)
expresses to Kyron how much she misses him and just wants to hug him.
Now please do not misunderstand me -- I am stepmom myself so I know just
how much love a stepmom can have for her kids. I'm not suggesting it
has anything to do with the "step" part of Terri's mom-title. Just
notice their different behaviors and you see a significant difference in
the reactions.

5. Terri has been grilled extensively by police and her car has been
taken in for evidence. This definitely raises eyebrows for me.

6. Investigators in the case determined that Terri may not have been
where she professed to be when Kyron vanished. Instead of being at
Kyron's school, cell phone records indicate Terri was on Sauvie Island,
which is located five miles from the boy's school. Law enforcement have
been searching that area for about a week.

7. Right after Kyron went missing, Terri sent her biological older
son, James, to be with his biological father. This seemed like an odd
move ... I am not making judgments on how people cope with the tragedy
of a missing child -- but it would prove to be a convenient event if
Terri wanted to be rid of her responsibilities as a mom (sounds awful,
but this happens). We must weigh this type of circumstantial evidence
very carefully.

8. The father, Kaine Horman, hasn't come out in support of the
stepmom. In contrast, and perhaps even disturbingly, Kaine served Terri
with a restraining order and divorce papers yesterday. That is the
ultimate isolating move in a relationship. If he believed she was
innocent, wouldn't they be standing strong together ...? This is the
most damaging "evidence" of all (evidence of discord between the two
people who, seemingly, should know each other best). If Kaine doesn't
trust Terri at this moment and wants her out of his life -- what are we
to think?

In summary, I hope you will carefully review evidence -- as I always
do -- before coming to conclusions. When this story first hit the
airwaves, I cautioned not to judge the stepmom without the facts. I now
humbly do ask you to weigh her actions only based ON current facts.


Read more: http://www.momlogic.com/2010/06/eight_reasons_kyron_hormans_stepmom_might_be_guilty_terri_moulton_horman.php#ixzz0sInPxhhy