Domestic Battery Case Opened Over David Otunga - Jennifer Hudson Incident This Week

TMZ is reporting that a domestic battery misdemeanor investigation has been opened into an alleged dispute this week between David Otunga and his ex-fiance, Jennifer Hudson. The couple had announced this week that they had split after being together for 10 years, and were in the process of breaking up for months. Hudson's rep told People in a statement that her client received a protective order against Otunga "in the best interest of their son."

"Jennifer requested and received a protective order against her ex-fiancé," Hudson's rep told People in a statement. "Jennifer's actions are solely taken in the best interest of their son."

According to TMZ, Hudson is claiming in the protective order that Otunga displayed "aggressive, threatening and harassing behavior toward me" and that she is "now living in fear of further action David might take."

Hudson claims that she was at a recording session in Chicago earlier this week with their 8-year-old son. Otunga apparently made several phone calls to her and when she couldn't be reached, he asked their son to record the session to show that she was dating one of the producers, which she denies. She said that Otunga was visibly upset when she got home. Otunga allegedly grabbed their son by the hand and physically pushed Hudson out of the master suite. She stated that their son, a makeup artist and an assistant all witnessed the incident.

She also alleges that Otunga left a gun and holster on their kitchen counter. Although he claimed it was a movie prop, she said it was done because she's sensitive to firearms after her mother and brother were murdered by a firearm.

"I believe that he left it out to taunt, intimidate and frighten me, which he absolutely accomplished," Hudson said.

As noted, Otunga denies that he was ever abusive to Hudson or his son, and claimed in a statement through his attorney, Tracy M. Rizzo, that the protective order was a way for her to gain an "unfair advantage" in their custody battle.

"David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now," the statement read (h/t to The Mirror). "However, when it became apparent to Ms. Hudson that Mr. Otunga would be the parent granted residential care of the child, as a result of Mr. Otunga being the child's primary caregiver while Ms. Hudson pursues her career all over the world, Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute.

"As a result of Mr. Otunga's career in the WWE, Ms. Hudson felt that she could give an award winning performance in court to portray herself as the victim. 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."

As noted, Otunga was originally scheduled to appear on the Survivor Series pre-show panel this Sunday, but pulled out of the appearance to focus on the custody battle.