Nikki Garcia has been granted a restraining order against her estranged husband Artem Chigvintsev after his shock domestic violence arrest in August.
Nikki, 40, submitted a sworn declaration to a California court on Monday that detailed how Chigvintsev, 42, allegedly attacked her in front of their son Matteo, four, inside their Napa, California home, as reported by TMZ Thursday.
Chigvintsev was arrested and jailed on domestic violence charges in Napa County on August 29. But the charges were dropped last week following a 'thorough' criminal investigation by the Napa County District Attorney.
In her filing, Nikki claimed that Chigvintsev had 'tackled me multiple times and pinned me to the ground while our child was present' during an argument over breakfast.
She claimed that Chigvintsev had become 'increasingly angry, snapping at me and yelling' after not being asked to return to Dancing With The Stars for season 33.
Nikki said that she had discussed Chigvintsev's alleged anger issues with him on several occasions.
On the morning of August 29, Nikki claimed that Chigvintsev flew into a rage over how their son Matteo's English muffin should be toasted.
He began screaming at Nikki, blaming her for making their son a 'picky eater.'
Nikki admitted that she threw Matteo's toddler-size seven shoe at Chigvintsev during the argument because she was overwhelmed by his 'shouting.'
The shoe hit Chigvintsev's leg but Nikki insisted that it was so light and small that it could not have possibly hurt the Russian pro dancer.
She claimed that Chigvintsev reacted by grabbing Matteo and running upstairs.
Nikki alleged in her filing that Matteo began screaming, 'Mommy! Mommy!' as Artem took the little boy to his bedroom.
Once Nikki reached Matteo's bedroom door, she claimed that Artem opened it and immediately tackled her to the ground.
She alleged that Chigvintsev held her down by her arms for what 'felt like 30 seconds.'
Nikki said Chigvintsev eventually let go of her and headed back into Matteo's room, closing the door again.
When she tried to gain entry for a second time, Chigvintsev allegedly opened the door and forcefully pushed her across the hall into their bedroom.
She claimed that Chigvintsev forced her down to the ground in their master bathroom and proceeded to place his 'hands on her chest near her sternum, pressing down.'
Nikki said it felt like she was being 'suffocated' before grabbing at Chigvintsev's neck in an attempt to get free.
When police arrived at the home following a 911 call, Chigvintsev and Nikki's son allegedly told responding officers: 'Daddy hurt my hand.'
In Monday's filing, Nikki also recalled another alleged incident of physical violence with Chigvintsev.
She claimed that in mid-2023 he had 'violently grabbed me around my waist' while trying to keep her away from their toddler.
Nikki also claimed that Chigvintsev has subjected her to 'numerous instances' of verbal abuse.
She told the judge that she doesn't want Matteo to grow up in a 'tumultuous environment.'
Nikki also wants Chigvintsev to seek 'therapy and anger management.'
A judge granted the restraining order request Monday, prohibiting Chigvintsev from 'contacting or coming within 100 yards' of Nikki, Matteo or their Napa, California home.
The only exception to the order is 'for visitation or exchange of the child per court-ordered visits.'
Nikki asked the judge for permission to leave the country with Matteo to film a new project in London.
But the judge 'denied the request until a full hearing is held on October 21,' TMZ reported.
Sourced told the outlet Thursday that Artem has not been living at the family's Napa home since the August 29th incident.
An official 'move-out order' will not be granted by the judge until the October 21st hearing takes place.
News of the restraining order comes one week after Chigvintsev broke his silence over his shock DV arrest as he reacted to prosecutors declining to file charges against him over the incident.
'I am incredibly relieved and grateful that the domestic violence charges against me have been dropped,' he began in a statement to People last Wednesday. 'This has been an extremely difficult time for me. I am thankful that the truth has prevailed. My focus has always been and will always be, our son Matteo.'
Chigvintsev explained that his four-year-old, who he shares with his estranged wife Nikki Garcia, is his 'world' and being 'his father is the greatest blessing.'
'All along, my main concern has been for him. I am committed to continuing to provide him with the love, support, and care he needs as we move forward,' the reality star explained of his mindset following the arrest and ongoing divorce.
'I am hopeful that securing an equal custody arrangement will help us move on,' he shared. 'I want to express my deepest gratitude to my family, friends, and legal team for standing by me during this challenging time. Your support has been invaluable, and I am thankful to everyone who believed in me and saw the truth for what it was.'
Chigvintsev concluded his statement by saying: 'I look forward to moving past this chapter and focusing on what truly matters—continue being the best father I can be.'
Chigvintsev's attorney, Ilona Antonyan, went on to note that her client is focused on 'negotiating a shared 50/50 custody schedule.'
Since Garcia filed for divorce last month, he 'has been able to spend time with Matteo almost every day since 8/29/2024 incident.'
Antonyan went on to describe Chigvintsev as a 'very dedicated, interactive, nurturing, and loving parent.'
'My understanding of the investigated facts surrounding the 8/29/24 incident have led me to conclude from the beginning that Artem was not the primary aggressor. I believe that to be true even if the burden of proof would be the preponderance of evidence, which is the standard of proof in family court. He was protecting himself and Matteo,' she told People.
Although his lawyer pointed out that 'ivorce is never easy,' she expressed hope that 'once custody is settled, the remaining issues tend to be less emotionally charged and easier to resolve.'
In the meantime, Chigvintsev remains 'fully committed to fostering a positive co-parenting relationship with his ex.'
DailyMail.com has reached out to Chigvintsev and Garcia's representatives, but have not heard back, at this time.
On Tuesday, Napa County District Attorney Allison Haley announced that her office has declined to file criminal charges against Chigvintsev, 42, in connection with his August 29 arrest on suspicion of felony domestic violence.
The decision to not file charges against Chigvintsev was made after a thorough review of the criminal investigation and careful evaluation of the evidence presented to the DA's Office, officials said.
'While we take every arrest seriously and stand firmly against domestic violence, we have an ethical obligation to only file charges when supported by the evidence,' Haley said in a statement obtained by DailyMail.com.
Haley said, 'We are required to prove any and every criminal charge 'beyond a reasonable doubt' which is the highest standard in the American criminal justice system. If the available evidence doesn't rise to this level of proof, then we cannot ethically file charges.'
Domestic violence can either be filed as a felony or a misdemeanor and has a statute of limitations of three years or one year, respectively.
At any time within the statute of limitations, the Napa County District Attorney's Office may revisit the case if it learns of other incidents, or otherwise learns of facts or evidence not previously known.
Haley added that the Napa County District Attorney's Victim Services Division works closely with victims of domestic violence and other crimes and links them to available resources whether charges are filed or not.
Earlier this month, the Dancing With The Stars pro cited 'irreconcilable differences' as the reason for their split in his own divorce filing.
He listed the date of separation as August 29 - which was the same day that he was arrested for felony domestic violence charges following the alleged altercation at their home in Napa, California.
Chigvintsev has also requested for joint legal and physical custody of his and Nikki's four-year-old son, Matteo. The Russian-born dancer has asked for spousal support, and also requested that Garcia pay for his legal fees.
In the filing, Artem claimed that he was a putative spouse between the dates of August 26, 2022 and January 19, 2023.
A putative spouse is an individual who believes they are legally married to someone, but the marriage itself is not valid.
Just days before the pro dancer was placed into handcuffs, the couple had marked their second wedding anniversary.
At the time, Chigvintsev shared a heartfelt message in an Instagram post that read, 'Happy anniversary my love, can't see my life without you. You are my everything.'
