“Real Housewives of Orange County” star Gina Kirschenheiter’s estranged husband Matt is pleading with a judge to allow visitation with his kids despite his recent arrest on suspicion of domestic violence.
According to court documents obtained by The Blast, Matthew Kirschenheiter is pleading the 5th amendment in response to Gina’s allegations of abuse.
His lawyer explains Matt is currently facing potential criminal charges related to the incident with his estranged wife.
Matt’s lawyer then filed a divorce settlement they couple reached back in December. He is trying to enforce the agreement even after his client’s arrest. The lawyer points out that after they reached a custody deal the couple did reconcile for a period of time.
Per their December agreement, they share joint legal custody and Matt has visitation. He appears to note in the docs that the kids were not in the room during the alleged altercation.
Matt is asking that his visitation not be affected by the arrest and possible criminal charges. He does offer to have monitored visitation with the court sees fit.
He is asking a judge to help because he can’t defend himself in the restringing order and custody case because he is fighting now fighting a criminal case.
According to jail records, Matt Kirschenheiter was arrested on June 22 and booked into an Orange County jail.
His inmate log listed Matt at 5’10 185 lbs with brown hair and brown eyes. He was released the next morning, June 23 around 1:00 AM.
In her petition, she accuses Matt of allegedly choking and hitting her during a blowout fight at their house.
Gina claims that after returning home from a night out over the weekend, Matt showed up at her home around 2:00 AM, “pounding at the door.” She says when she went downstairs, he had already entered the house. She says he then “threw me down on the couch and threw some furniture around” and claimed he was “screaming in my face and saying he was going to kill me.”
Gina was granted a temporary restraining order against Matt, who was ordered to stay 100 yards away from her and their children until a hearing next month.
Eventually, she says, “He started to hit me on the side of the head with his open hand. When I tried to get up off of the couch, he threw me back down and began choking me. Then he started to hit me all over my body.”
Gina says she ran out of the house screaming to the neighbors and rang the doorbell. She says Matt came after her and “grabbed me and dragged me on the cement back into the house. He threw me back on the couch started hitting me again telling me he was going to kill me. His eyes were black and nothing I could say would bring him back to reality.”
She says in the documents she pleaded with him to stop as the couple’s children were in the home at the time.
In the documents, Gina also claims that Matt contacted her after his arrest, saying, “The officers allowed (Matt) and I to talk quickly before they took him away. He was still very angry and blamed me for getting him arrested. After he got out of jail, he called me again and continued to blame me.”
She also claimed this was not the first violent incident between them, saying, “There are other incidents that have scared me in the past. Too many to remember. At this point, I have to protect me and our children. Respondent and I had attempted reconciliation in hopes of keeping our family together, but I now realize it’s better for us both to move on for the sake of our children. I am heartbroken for all of us. Matt needs professional help, which is more than I can give him.”
The restraining order request comes days after Gina sent a loving message to her estranged husband on his birthday, adding to speculation the two might be reconciling.
“Happy birthday to the man who has held my hand for the last 14 years despite the ups and downs,” Kirschenheiter wrote. “Thanks for being the best father to our kids, and the best friend a girl could ask for.”
She added the kicker: “Wouldn’t want to take on this crazy life with anyone else. Like you said, ‘I’m your person and you’re mine.'”