The former Hills star filed the abuse claim after a Sept. 6 incident in which she said Bohan verbally attacked both her and her mother and grabbed her cell phone out of her hand while she was trying to record him.
However, a spokesperson for the Orange County District Attorney's office tells E! News that the DA's office opted not to file charges against Bohan on Friday as the prosecutor felt there was not enough evidence for the case to be proven beyond a reasonable doubt. We're told if new information comes forward, the case could go in another direction.
E! News can confirm there is still a pending domestic violence case in family court against Bohan.
Bohan has since responded to Patridge's filing, and E! News has obtained the court documents in which the former couple worked out a custody schedule. The two have been married for 10 months and share a 1-year-old daughter, Kirra Max.
Bohan will be able to see Kirra twice a week. According to the documents, he and Patridge are to meet at the Irvine Police Dept. where he can pick Kirra up and drop her off. It also also states that Bohan cannot travel with Kirra domestically and/or internationally—meaning, he is to stay in Orange County with the 1-year-old—unless he gets written consent from Patridge.
"Audrina is putting on a brave face, but these exchanges between Audrina and Corey are court ordered to take place at a police station for her protection," her rep told E! News in a statement. "There is still a family law domestic violence case open."
On Monday, photographs were published of the estranged couple meeting up to exchange custody of their toddler, which according to an insider, was extremely difficult for the MTV reality star.
"To be clear, the handoff of the child is happening at a police station and that's for Audrina and Kirra's protection from any kind of conflict," our source says. "Audrina is putting on a brave face for her daughter because she is very sensitive to mommy's emotions, so that's why she's not grimacing or anything [in the photos.] Audrina is trying to make Kirra feel as comfortable as possible with the exchanges with dad."
Additionally, the source tells E! News Patridge is "afraid" of Bohan.
"Moving forward, Audrina is going to do what she believes is in the best interest of her child, keeping in mind that she is afraid of Corey and that's why she got the restraining order," the insider adds. "Maybe things can be resolved out of court but that takes two. Audrina still wants to feel protected and always put the interest of her daughter first."
Meanwhile, last week, Patridge obtained a temporary restraining order against Bohan—claiming domestic violence against him—just a few days before she filed for divorce.
"Audrina's number one priority is her daughter and she asks for privacy at this time," Patridge's rep told E! News in a statement on Thursday
In fact, Patridge broke her silence about the divorce on Saturday by sharing a sweet video of Kirra.
"Light of my life. This little beauty lights up the room wherever she is," Patridge began, adding, "I appreciate all your thoughts & messages, this is a difficult time but we are doing ok xoxo (Kirra loves this little dress my grandma made it for my aunt 50+ years ago and it's still in perfect condition & cute as ever)."
The next court hearing is scheduled for October.