By Alyssa Goldman, EnStarz | Sep 21, 2012 02:31 PM EDT
The battle has just begun and things are already getting messy.
"Real Housewives of Beverly Hills" star Adrienne Maloof was granted a temporary restraining order from her estranged husband Dr. Paul Nassif and received temporary custody of their three children on Sept. 19.
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Nassif is required to stay at least 100 yards away from Maloof and their boys, according to TMZ. He is not allowed near Maloof's home or their children's school.
He is also being investigated by the L.A. Department of Children & Family Services over allegations that the plastic surgeon physically abused their three sons, according to court documents RadarOnline obtained.
Adrienne's lawyer went to court and filed a declaration she wrote, which claimed Nassif got so frustrated that two of his sons were kicking each other that he allegedly choked one of the boys, TMZ reported.
According to RadarOnline, the couple's marriage counselor Dr. Charles Sophy claimed Maloof called him and said, he "tried to hit the kids while they were all in the car."
According to TMZ, a declaration filed by Maloof, claimed one of their three sons told the psychiatrist that Nassif smacked him on his "wet bare bottom" because he had urinated on his sibling while they were taking a bath together.
RadarOnline reported that Dr. Sophy said, "All three children appeared anxious and fearful. They are reluctant to share the details of what happened..."
But more damning evidence exists. The couple's chef also filed a declaration, claiming he saw Nassif kick the family dog when it peed on the floor, TMZ reported.
A DEA agent, who is friends with the couple, filed yet another declaration stating he witnessed Paul putting his hands around the neck of one of the children, TMZ reported.
Nassif nor his lawyer were present during the Sept. 19 hearing and claimed they didn't know about it. Nassif, however, denies all of the allegations made against him.
Nassif's lawyer Lisa Meyer told TMZ, "This smacks of underhandedness. Adrienne wasn't even present when this allegedly occurred." Meyer added, "It is a sad day when parents have to stoop to the level of making false allegations against another parent." Meyer dubbed Maloof's allegations "gamesmanship at its worst."
On Sept. 21, Nassif posted the following statement on his official Facebook fan page: "It continues to amaze me how so much of the hoopla surrounding a reality show is in reality, unreal -- including the absurdity of the latest utterly false accusations by Adrienne's attorney which we will vigorously address in court. It is becoming a bit of a circus isn't it? The phrase 'all is fair in love and war' must have been penned by a divorce attorney. I'm very disappointed in the ridiculous tactics that are being used that potentially compromise my relationship with my children. As I've said throughout this ordeal, the most important thing is the health, happiness and stability of my kids. I hate to see others using them as pawns. I'm going to stay utterly focused on their well-being and the knowledge they need equal time with both of their parents both of whom love them very much. I'm sure all will be fine and when all the emotion of the moment dies down, Adrienne and I will be terrific co-parents."
The couple's 20,000 sq. ft. multi-million-dollar mansion, with eight bedrooms and 11 baths, is on the market for $26 million.
Maloof agreed to listing their home because "she just needs to make a change."
According to RadarOnline, Nassif is prohibited from contacting or seeing Maloof or the children until an Oct. 9 hearing, which will determine if the restraining order should be made permanent.
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