Kyron Horman, 7 years old PORTLAND, OR #1 6/5/10 - 6/30/10

[seahorse]

http://photos.oregonlive.com/4450/gallery/kyron_hormans_family_releases_photos_showing_boy_before_disappearance/slideshow/index.html

Kyron's haircut.

[Brandi]

I have a restraining order and the abuser has a gun. Is that legal?

It depends.  Federal laws, which apply to all states, restrict an abuser's right to have a gun if you have a restraining order against him that meets certain requirements.  Oregon law says that if your restraining order meets these federal law requirements, the judge should specifically include this information on your restraining order.  This applies to any of the following restraining orders:

    * a domestic violence restraining order to prevent abuse,*
    * a stalking protective order,**
    * a release agreement given to a defendant who was charged with a domestic violence crime,*** or
    * an order issued after you file for divorce, separation or annulment.****

By having the judge specifically mention that the restraining order meets the requirements of the federal gun ban, this should make it clearer to the police that it is illegal for the abuser to have a gun and easier to enforce.

To read more about the requirements that an order of protection must meet to make gun ownsership illegal under federal law, go to I have a final order of protection against the abuser. Can his gun be taken away? in our federal gun laws pages.

* O.R.S. § 107.718(11)
** O.R.S. §§ 30.866(10); 163.738(2)(b)
*** O.R.S. § 135.250(2)(c)
**** O.R.S. § 107.095(5)
http://www.womenslaw.org/laws_state_type.php?id=296&state_code=OR&open_id=12920

[Rob]

Everyone knows that someone can make someone's life a miserable hell with false allegations of abuse. But to take away their gun rights - well, that's Oregon for ya. I guess Terri Moulton will be in public and a most have a very unfavorable opinion of her - doesn't she still have a second amendment right to protect herself?

Lots and lots of allegations toward Terri Moulton, but what proof does anyone have? it's a simple question - but most likely has a complex answer.

Husbands and wives have been hurling abuse allegations at each other since the beginning of time. It's not new, but in a case such as this it could have ulterior motives.

I'm simply just making the point. We weren't there, and although I want to believe the police are on the right track, I have seen to many instances of screwing up everything and the missing person remains, well, missing.

[Rob]

The F-250 was confiscated twice. I would expect there would be evidence of Kyron in there. But, apparently there is no blood evidence. Or if there is - it's a major secret. Kyron rode to school in the truck - it's logical that he would have left behind skin cells and hair follicles.

As for Terri, she would have to know that she would be the prime suspect in a disappearance if she is the last one to see the missing child. No one could be that stupid.

I have seen alot of reasons why she would do this - such as; postpartum depression, Kyron may have had ADHD / ADD, Terri wanted her own family. She would have to know that this could break up her family. It would have to be a factor in planning a crime as complex as this one is alleged to be. So tell me, what is really in this for Terri - how does she benefit.

If this crime is so complex and so well planned - how did she not factor into all of the equations that it could easily all come tumbling down and she could be charged and lose her husband and family.

Either this crime is not very complex - which is the case in most of the missing person cases we follow - or she is a mastermind who seemingly overlooked multiple errors that would arise.

[Tamikosmom]

So are the police alleging that Terri owns a gun? or has a history of using a gun in the commission of a crime?

It's getting deep 

I hope these cops are not singularly focused and in the end wrong.

I know that many believe that the school was too "occupied" with people and parents in for the science fair, but you know children have been abducted from a house when the parents were in another room.

I think I'll wait to see if there are charges before hoping on the bandwagon. I'm a fence sitter. 

I don't think the police are alleging anything but it's said that is part of the restraining order.  So I'm guessing that Kaine is saying that either she has threatened with a gun or has access to a gun and he fears it. 

Could it be that the truth encompassing what happened to Kyron has been revealed or strongly suspected and ... therefore it is assumed that his little sister could be at risk.  There are past instances where a parent does harm to his/her children to get back at the spouse.

Just speculating.

Janet

[Tamikosmom]

I am not a fellow fence sitter but for those that are, you may like this:

Thank Klaas.  There are a few players in the Natalee Holloway case that cause me to sit on the fence or ... continually climbing from one side or the other.

Janet

[doubledecker]

Motion & Order to Seal is posted in the Divorce Docs Area

[Tamikosmom]

So are the police alleging that Terri owns a gun? or has a history of using a gun in the commission of a crime?

It's getting deep 

I hope these cops are not singularly focused and in the end wrong.

I know that many believe that the school was too "occupied" with people and parents in for the science fair, but you know children have been abducted from a house when the parents were in another room.

I think I'll wait to see if there are charges before hoping on the bandwagon. I'm a fence sitter. 

I don't think the police are alleging anything but it's said that is part of the restraining order.  So I'm guessing that Kaine is saying that either she has threatened with a gun or has access to a gun and he fears it. 

Could it be that the truth encompassing what happened to Kyron has been revealed or strongly suspected and ... therefore it is assumed that his little sister could be at risk.  There are past instances where a parent does harm to his/her children to get back at the spouse.

Just speculating.

Janet

I cannot comprehend why Terri does not have custody unles it has been determined that the little girl is at risk.

Janet

[cw618]

Terri Horman restricted from guns and parenting
WTH happened to due process, even if she is found to be the perp in
kyron disappearance, she is still entitled to due process, so she had a court
date and due process and we missed it
yes im a stickler for our constitutional rights
http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

on with finding kyron
from the time line there is no mention as to what TH did till the facebook
post, wonder if LE has her debit/credit card records for that day
what time did hubby come home to work

8:45 a.m. Terri Horman leaves after watching Kyron walk toward his classroom after touring the science fair.
 
1:21 p.m. Terri Horman posts photos of Kyron at the science fair on her Facebook page.
8:45 a.m-1:21 p.m = 4hr 36min

A-B:2.7 miles, 4 min
15725 NW Sheltered Nook Rd, Portland, OR 97231-2002
Depart NW Sheltered Nook Rd toward NW Cornelius Pass Rd
Turn right onto NW Cornelius Pass Rd
Turn left onto NW Skyline Blvd
Arrive at 11536 NW Skyline Blvd, Portland, OR 97231-2604 on the left
http://tiny.cc/lutpu

do we know if LE has searched the horman property, the Lot Size: 4.63 acres
mostly wooded, see bing maps,15725 Nw Sheltered Nook Road, Portland OR 97231
i think they bought the place soon after they were married

horman property info
the link has a google map
http://www.trulia.com/homes/Oregon/Portland/sold/767865-15725-Nw-Sheltered-Nook-Road-Portland-OR-97231

timeline
http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_chronology_of_eve.html

[Brandi]

Motion & Order to Seal is posted in the Divorce Docs Area

Thanks, DD. I see it there.

Do you have a link to the pdf ?

[doubledecker]

Motion & Order to Seal is posted in the Divorce Docs Area

Thanks, DD. I see it there.

Do you have a link to the pdf ?

dang I had lost it ... found it

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

[4getUnot]

Hi Monkeys!!!!

I've been lurking in the tree trying to keep up with this case and I too am baffled by it.  A few things really have me puzzled.  When Kyron's friend was talking about the "sub" teacher that day he stated that the teacher said something like "There's only five, where's Kyron?"  He said she was counting heads.  To me this is an indication that Kyron had been or was supposed to be part of a group of at least six and he was missing from that group.  Granted his friend may have been confused about the day so my question would be was there another group going around on a different day that week in which Kyron would have been counted but was missing from the group.  I wonder how many absences Kyron has had this year because if he were there everyday then it is more likely that he would have been missed. Let me add here that I don't believe Kyron was absent very often so why wasn't he missed?

As another monkey or several, have commented previously Kyron may have had ADHD or some problem at school (Father's statement I believe) where he had not been listening to the adults.  If Terri had been planning to do something to Kyron then maybe she told Kaine that Kyron wasn't listening in school.  Maybe Kaine was getting info from Terri (or being misled by Terri) about Kyron and really didn't talk to the school himself.  Afterall Terri was a teacher and may have been considered the family expert in this area.

The pictures that were posted on "that other site" LOL were very good and the poster who took them did an excellent job.  On the left side of the school there was a walk and an entryway.  I noticed the windows along that walk seemed very close to the ground outside.  With that in mind, I wonder if someone could have ducked into a classroom with Kyron and went out through a window to that walkway while the rest of the school was walking around looking at the exhibits?

The divorce filing came as a surprise to me.  I sure wasn't expecting that.  I wonder if Terri threatened to commit suicide or something of that nature as to why the mental health folks are standing by.  Over the past year so many people have committed suicide after killing their families maybe this is why Kaine wanted a protective order.  Terri's parents are both with her now so I don't believe she is alone. I can't throw all the heat on her just yet though because in those papers She is supposed to pay child support and I'm wondering how is she supposed to do that when she has been a stay at home Mom since the birth of Kiara.  At this point I'm wondering also how much Kaine knew about the school and since he was off from work that afternoon has it been verified that he went to work that morning.  If Terri and Kaine had been having marital problems prior to Kyron's disappearance and now Kaine decides to whip out these papers this would be a perfect time to get a divorce, child support and sole custody all in one swoop. (I'm basing this opinion on LE statements that it is someone close and if that is the case what is the motive?) I know that's a pretty shocking statement but IMO anything is possible.  There have been cases of women killing their children so they could be with a lover and there have been cases of men killing their wives and children to get out of paying child support. Nothing is beyond the scope of supposition. 

All of the above is just opinions and thoughts that I have had about this case.

I love you monkeys and I enjoy reading all your posts! (That's about all I've been able to do lately is try to keep up since Natalee's case is back in the headlines.)

[Brandi]

Motion & Order to Seal is posted in the Divorce Docs Area

Thanks, DD. I see it there.

Do you have a link to the pdf ?

dang I had lost it ... found it

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

Thank you!

[Deenie]

Hi All,
I just want to throw in a gentle reminder .. all the pictures of Kyron that everyone is posting
Kyron looking Sweet, Happy and Loved.
He was under the care of his " Mom" Terri ..who he lived with.  Not his biomom, not his Dad Kaine. Kaine I am sure did not wash his clothes, feed him dinner, play board games with him,
pay attention to him when it was just every day family living.

A child is a product of their environment. And when the environment is filled with abuse, inconsistency - the child shows it outside of the family home. When they are able to be free of all and any.  Kids in turmoil, even at the youngest of age, they offer " signals" even if they are slight .. if something is " out of nature/nurture" in their home life. 

They act out. They can be angry, or frustrated at the slightest discontent. They can be evasive to Adults ( say in a school setting) when being told what to do. That they will not react to another Adults direction instantly .. they think it about it and possibly do the exact opposite - which creates attention. Even if is misbehaving. Its the attention that they seek. They know nothing different.
Kids who are living happy, healthy and in a solid consistent environment tend to be brutally honest. They have nothing to hide.  They love to Praise their peers, Want to be involved with everything, become a leader figure and want to help others. They Smile, They show themselves to all and everyone consistent in behavior.
Kids on the flip side though who are living say in a " out of control" environment have a tendency to emulate their " home life" to others ..to their peers.  If something is not right at home, it comes out in reactions - to a Peer .. who is least likely to fight back.
1. They call peer's Stupid ( not a slip of the tongue but really mean it) 
2. They like to humiliate peers
3. They are extremely shy and do not allow anyone close to them.
4. They do not like to work within groups - they cannot join in, they remain on the outside.
5. They exhibit to others without cause - Violence. They hit, they have tantrums, they throw things. Have outbursts that are triggered by ??   
Working in a private daycare and public daycare for 5+ yrs that is what I recall of children that were high risk, living in a home environment of chaos. Children who emulate what is ongoing in the house/home outside of school. 
 Any child that is living in a home fueled by negative, by abuse, by anger. Will exhibit traits of what he/she only knows as the family Normal.   I don't see this of Kryon. I feel though, something changed in the house/home Horman in the last 6 months. That none of us will know or are to be privy of. Not just yet. 
 
 

[cw618]

sorry i forgot the baby girls name
but where was she the morn that TH took kyron to school
i dont remember a mention of this

[akmom]

sorry i forgot the baby girls name
but where was she the morn that TH took kyron to school
i dont remember a mention of this

I have been mulling that over in my mind.  Has Step mom maybe admitted to leaving either one or both of the kids unattended, or in the company of an unsavory individual, or someone she did not know well, and that is what prompted a lot of the suspicion?????

[Deenie]

sorry i forgot the baby girls name
but where was she the morn that TH took kyron to school
i dont remember a mention of this

Many things have been said of Where the baby was. Her name is Kiara yet she is called Kitty.
Its unclear to me and I think to many where she was that morning.
Too much said, not enough facts .. Kaine was to be babysitter that morning/day of Kitty* working from home, Kaine has also been said to have stated~ the last time he saw Kyron ..was when he was leaving the house to go to work.

I don't know how to answer your question, I can only offer up what I have read.

[klaasend]

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


‘Irreconcilable differences’ cited in marriage breakdown

by Dan Tilkin, Thom Jensen KATU News and KATU.com Staff

Originally printed at http://www.katu.com/news/local/97436564.html

PORTLAND, Ore. - 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.

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 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.”

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)

This story is in progress and will be updated . . .

[Wyks]

Sorry if this has already been posted.  This may explain Kaine's getting a TRO, seeing at how he supposedly moved out on the 26th, same day as below.   

Found this posted at IS, and believe it may be referring to the scanner thread at WS, not sure tho.

~~~

"I found the scanner chatter post that was being referenced on another forum. It wasn't an altercation. There was scanner activity at 5:18pm on the 26th, as threat in driveway at Horman address. 5:24pm repeated address. That's all that is listed/that is all that came over the scanner. So, factually, not a "altercation" but a "threat in the driveway at the Horman home". That is all that was reported as coming over the scanner on the 26th."

[klaasend]

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

Focus Of Kyron Horman Case Shifts To Family
Kaine Horman Files For Divorce

POSTED: 11:05 am PDT June 29, 2010
UPDATED: 4:58 pm PDT June 29, 2010

PORTLAND, Ore. -- A restraining order filed Monday against the stepmother of missing 7-year-old Kyron Horman does not allow her to have any guns or have any parenting time with her 18-month-old daughter, according to court records.

Kaine Horman filed for divorce and a family abuse prevention act restraining order against Terri Horman, who deputies said was the last person to see Kyron on the day he disappeared from Skyline School in northwest Portland.

PDFs: Divorce Petition | Motion To Seal Restraining Order

As part of the divorce petition, Kaine Horman asked that he receive sole custody of daughter Kiara Horman, who is the only common child in his marriage with Terri Horman. The reason for filing the petition was listed as "irreconcilable differences."

Judge Keith Meisenheimer sealed the restraining order to prevent it from compromising the investigation into Kyron's disappearance, according to the clerk in Meisenheimer's office.

A statement Monday from Kaine Horman, Desiree Young (Kyron's biological mother) and Tony Young (Kyron's stepfather) said the family was fully briefed by law enforcement and they support the ongoing criminal investigation. Terri Horman was not listed on the statement.

"Any actions taken by the investigation, or by us, are based on the best interests of Kyron and Kiara and comply with the law," the statement said.

Multnomah County investigators would not comment on the divorce or the restraining order. They said they're not involved with those proceedings and a private company served Terri Horman with the documents.

Kyron's disappearance is currently a criminal investigation. Multnomah County sheriff's deputies said he was last seen June 4 at an early-morning school science fair. His disappearance was reported by family later that afternoon when he did not turn up at his school bus stop, deputies said.

In the days that followed, authorities led a massive ground-search operation that was one of the biggest search efforts in Oregon history. It involved more than 40 law enforcement agencies and hundreds of searchers.

Deputies have not said whether any evidence was found during the search, which covered several areas, including those around Skyline School and the Horman family's home.

Investigators released a flier earlier this month that included photos of Terri Horman and her truck in hopes of sparking new leads, but there have been no persons of interest or suspects named in the case.

Note: Because all restraining orders are supposed to be public record, FOX 12 discussed the sealing of the restraining order with our attorney and we have decided to fight the judge's ruling.