Jennifer Hudson and David Otunga's split is already getting ugly.
The singer's rep confirmed to E! News Thursday that the exes "have been in the process of ending their relationship for a number of months. Today, Jennifer requested and received a protective order against her ex-fiancé. Jennifer's actions are solely taken in the best interest of their son." In response, his attorney, Tracy M. Rizzo, Esq., told E! News in part that he "has been trying to negotiate the terms of an amicable parenting agreement" with Hudson "for several weeks." Calling Hudson's filing "meritless," Rizzo—on behalf of Otunga—accused the Academy Award-winning actress of trying to "gain an unfair advantage in the custody dispute."
As for the claims made by Hudson in her protective order, Rizzo said, "Mr. Otunga has never abused or harassed Ms. Hudson or their son, and it is unfortunate, especially in today's climate, that she would feel the need to make these false allegations against him. Mr. Otunga looks forward to his day in court and in being awarded the residential care of the parties' only child."
On Friday, E! News obtained the order of protection Hudson filed with her local police department. She said their 10-year relationship began to "deteriorate" in April 2017. Though they live in the same home, they have been sleeping in separate rooms for at least six months.
Describing Otunga as "physically imposing," she claimed the wrestler showed "increasingly aggressive, threatening and harassing behavior" toward her and their son as their relationship broke down. Accusing him of mental and physical abuse, she said things reached a tipping point Wednesday, at a recording studio in Chicago. According to her filing, Otunga instructed their son to scan the room with his iPad and send it to him, as he believes Hudson is dating one of her producers. The singer immediately called security to the studio, because she was fearful Otunga would show up unannounced, based on the threatening communications she received.
Later that evening, Hudson said an "angry" Otunga confronted her at their home; a few of her team members witnessed the incident. He argued with Hudson in front of their 8-year-old son, so she told him to go upstairs to sleep in her bedroom. Otunga grabbed his son by the arm and took him upstairs to his master bedroom, she said. Otunga then pushed her with one hand out of the master bathroom, while holding his son in the other hand, she alleged in the police filing.
It was the final straw after a series of incidents, she said. During a recording studio session on Nov. 15, she claimed Otunga told their son, "Don't let your mom's boyfriend motherf--king touch you." Again, she said, "David mistakenly believes that I am dating one of my producers."
Otunga owns one firearm, Hudson added, and recently, he left it out on their kitchen table. She said he told her it was a prop, though she doesn't believe him. He left it out to taunt her, she said, knowing her sensitivity to guns because a firearm was used to kill her mother and brother.
Otunga claims the gun "has been removed," Hudson wrote.
As such, Hudson also requested that Otunga not be allowed to possess firearms for the duration of the protective order. Hudson said she is also fearful that he will take their son and flee, claiming he once he took him out of school unannounced and didn't notify her at the time.
A spokesperson for the Burr Ridge Police department tells E! News, "Our department is investigating a domestic battery incident and it's an open investigation." The police cannot disclose the identity of the parties involved, though E! News confirmed it's Hudson and Otunga.
If Otunga is charged, it would be a misdemeanor.
The order of protection gives Hudson exclusive ownership of their home and ordered Otunga to stay away from her and their son. The former American Idol contestant's custody petition, which she also filed, asked the judge to give her "significant decision-making responsibilities." The petition claimed she's been "solely responsible for making all major decisions" for their son.
On Friday afternoon, Otunga's attorney issued another statement to E! News. "Mr. Otunga has now had the opportunity to review the petition for order of protection that Jennifer Hudson filed on Nov. 16, 2017 and he wants to make it very clear that he denies each and every allegation contained in that petition," Rizzo said. "Mr. Otunga is now and has always been the primary caregiver of the parties' son. On Nov. 15, 2017, Ms. Hudson thought it was appropriate to have their son at a recording studio until 12:30 a.m. on a school night. Mr. Otunga's only concern that evening was putting the child to bed so that he could be well rested for school."
Rizzo also said Otunga did not "physically" push Hudson, as she alleged in the filing. "Everyone who knows Mr. Otunga in his personal life can attest to the fact that he is a highly educated, sophisticated and non-violent man, and that his primary concern in life is caring for the parties' son. Ms. Hudson is much less available to care for the child as a result of her constant travelling, but Mr. Otunga has always notified Ms. Hudson of the child's activities and whereabouts."
Hudson also alleged Otunga used a gun to "taunt, frighten and intimidate" her. In response, Rizzo said, "Mr. Otunga does not own a firearm, and the gun referenced in Ms. Hudson's petition was a prop that he used for an audition, just as he told her it was at the time she saw it in their house. It is unfortunate that Ms. Hudson has filed this petition in a calculated manner to not only have Mr. Otunga removed from the family home, but also in an effort to insert herself as the child's primary caregiver. Despite the fact that Mr. Otunga has been represented by counsel in the custody dispute for many weeks, Ms. Hudson and her attorney failed to give Mr. Otunga and his counsel notice of the filing of her petition, so that Mr. Otunga could be present in court. Mr. Otunga only learned of the order of protection when the local police removed him from his home in the presence of the child at the direction of Ms. Hudson or her attorney."
The next court date is set for Dec. 7. Otunga "is going to petition the court to have the hearing date advanced to Nov. 21, 2017," Rizzo said, "so that he can spend Thanksgiving with his son."
—Reporting by Holly Passalaqua and Alli Rosenbloom