UPDATE: Patton's attorney and former Hot Bench judge Larry Bakman tells E! News, "Despite the rhetoric from the Robin Thicke camp, the court acted on the corroborative evidence that was presented by Susan Wiesner and Larry M. Bakman on behalf of Paula Patton. There was a prima facie case of abuse made out to the Court which caused the issuance of domestic violence protective orders in favor of Paula. The Court granted sole legal and physical custody to Paula pending a full hearing on the merits. Contrary to Thicke's claims, his attorneys presented no evidence of a valid custody or visitation order violated by Paula."
Robin Thicke and Paula Patton's custody battle over their son Julian just got uglier.
Recently, the actress accused her ex-husband of "excessive spanking" of their 6-year-old boy, which the "Blurred Lines" singer denied. Fast-forward to today where the two sought temporary sole custody over Julian in a Los Angeles courtroom.
E! News has learned a judge granted temporary sole custody to Patton and issued a temporary domestic violence restraining order against Thicke, which orders him to stay away from her, their son and her mother.
He and Patton have not commented.
According to today's court order obtained by E! News, there was a specific finding by the judge that Thicke "has a history of domestic violence."
In Patton's declaration also obtained by E! News, the actress included allegations of cheating and physical abuse including instances when Thicke "kicked, pushed and hit petitioner with an open fist." There will be further proceedings in the next three months.
A photo posted by Paula Patton (@paulapattonofficial) on
"Paula never reported any domestic violence until she was in a position of contempt by violating the custody orders," Thicke's lawyer Angela Pierce di Donato told People. "Infidelity has nothing to do with custody. She is attempting to throw anything at him to hurt him, but Robin's focus is their son."
The case had escalated to the Los Angeles County Department of Children and Family Services earlier this month and remains under investigation, E! News has learned.
In mid-January, a judge denied a request from Patton to limit Thicke's joint custody agreement.
Thicke objected and said that Patton had repeatedly denied him from seeing the boy and accused him of "excessive spanking." The singer said he was told their son reported to school officials that his dad had spanked him and the school then notified the DCFS.
"On a very rare occasion, and only as a last resort, I will use light spanking, but it is consistent with the law—open hand on the butt," Thicke had said. "This is the type of discipline to which Paula and I agreed during our marriage."
Days later, E! News learned the former couple began undergoing therapy together with Julian, marking the first time Thicke was able to spend time with the child in two weeks.
Following Friday's court battle, he skipped a planned appearance at the NHL 100 Gala, where he was to honor his late father Alan Thicke and present a special in memoriam tribute remembering members of the NHL100 list who have passed away. NHL icon Wayne Gretzky appeared in his place and paid tribute to the Growing Pains star and introduced the in memoriam segment.
—Reporting by Holly Passalaqua and Alli Rosenbloom