Britney Spears, Sam Lutfi

Frank Micelotta/Getty Images, Fame Pictures

Sam Lutfi isn't going down—or away—without a fight.

Just one day after a judge extended Britney Spears' restraining order against her former manager through 2012, Lutfi has filed an appeal challenging the ruling and denying that there is a legal need to keep him 100 feet from the star.

Lutfi's attorney Bryan Freedman told E! News his client is fighting the order because "there was absolutely no evidence whatsoever that Britney Spears was suffering substantial emotional distress as required by the statute.

"In fact, the evidence was just the opposite—it was that she was reaching out for Sam's help, and all Sam did was get her a lawyer. There is no evidence of threats or stalking or anything whatsoever."

Freedman argued in the appeal, filed Wednesday in Los Angeles Superior Court, that Lutfi never threatened or harassed Spears, and claimed that he in fact was laboring at her behest.

"We believe the appellate court will overturn the ruling," Freedman said.

"Restraining orders were created for stalkers and for people who make threats, and truly the only evidence that existed in the whole case was that Sam sent 10 text messages to the hairdresser—none of which were threatening or a vulgar word or mean or anything else."

He went on to say that Lutfi was simply looking out for Spears' best interests and that he doubted the singer herself felt there was a need for the permanent order.

"Sam got her a lawyer, and facilitated his sister, and she requested getting her a cell phone," he said.

"If Britney Spears wanted this restraining order herself then why didn't she testify, come to court, send a letter to the judge or do anything?"

A judge ruling that she "lacks the capacity" to testify is apparently not a good enough excuse for him.

While Lutfi is so far alone in his appeal, he wasn't alone in being told to keep away: Jon Eardley, the attorney who made an unsuccessful attempt at dismantling Spears' conservatorship last year, was also named in the restraining order.


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