Jennifer Hudson's Ex-Fiance Asks Judge To Remove Protection Order To Spend Thanksgiving W/Their Son 

Jennifer Hudson and her ex-fiancé David Otunga have launched legal action against one another in their custody dispute over 8-year-old son David Jr.

Hudson, 36, announced the end of her ten-year relationship to Otunga, 37, exclusively to PEOPLE on Thursday. The star was also granted an emergency order of protection from the former wrestler. In her request for the order, she accused him of ongoing harassing and threatening behavior and claimed he once pushed her inside their home.

On Friday, Otunga’s lawyer filed court documents to request that Hudson’s protective order be thrown out. Otunga and Hudson’s next court date for the custody dispute is scheduled for Dec. 7 but Otunga filed a petition to have the hearing date moved up to Nov. 21 in order to spend Thanksgiving with his son.

“I am now living in fear of further action David might take,”

star says her request for the order of protection, obtained by TMZ. Otunga has denied any claims of abuse or harassment via his lawyer, who told PEOPLE he plans to file for primary custody.

“Mr. Otunga wants to make it very clear that he denies each and every allegation contained in that petition. Mr. Otunga is now and has always been the primary caregiver of the parties’ son,” his lawyer, Tracy Rizzo, tells PEOPLE in a new statement on Friday.

RELATED GALLERY: From an Oscar Win to Family Heartbreak: Jennifer Hudson’s Tremendous Ups and Downs

Rizzo, who spoke on behalf of the former pro wrestler, also told of Otunga’s recollection of an incident on Nov. 15 that Hudson detailed in her request for the protective order.

“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,” she said. “At no time did Mr. Otunga ‘physically push’ Ms. Hudson as she has alleged. 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.”

Hudson claimed Otunga called her repeatedly while she was at the recording session; when she didn’t pick up his calls, the star claimed her ex then asked son David Jr. to record the scene, according to documents obtained by TMZ.

“Ms. Hudson is much less available to care for the child as a result of her constant traveling, but Mr. Otunga has always notified Ms. Hudson of the child’s activities and whereabouts,” Rizzo says on behalf of Otunga.

RELATED: From a Whirlwind Courtship to a Protective Order: Inside Jennifer Hudson & David Otunga’s Decade-Long Relationship

In her request for the protective order, Hudson also said the father of her only child occasionally left a gun and holster on their kitchen counter to intimidate her.

“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,” Rizzo clarifies.

“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,” Otunga’s lawyer adds.

The father of one also claims he was blindsided by Hudson’s petition filing, recalling an altercation that involved the police.

“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,” Rizzo explains.

On Thursday, Hudson’s rep told PEOPLE exclusively that the couple had split. “They 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,” the statement concluded.

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