Hilary Rhoda and Sean Avery John Nacion/NurPhoto/Shutterstock; Mediapunch/Shutterstock
A judge ordered that Hilary Rhoda‘s temporary restraining order against Sean Avery remain in effect more than 10 months after the paperwork was filed.
The injunction continues to prevent Avery, 43, from coming in contact with Rhoda, 36, and their 3-year-old son, Nash. The model first filed for a TRO in October 2022, three months after she filed for divorce from the Oppenheimer actor. The restraining order, extended by a judge on July 17, will now remain in effect until September 12, pending the results of their next court hearing one day prior.
Avery and Rhoda met in 2009 before tying the knot in 2015. They welcomed son Nash in July 2020 after struggling to conceive and suffering a miscarriage. Ultimately, they split just ahead of Nash’s second birthday
The Sports Illustrated Swimsuit model filed for divorce in July 2022 after seven years of marriage, according to legal documents obtained by Us Weekly at the time. Rhoda requested sole physical custody of Nash but joint legal custody. She also indicated that she and the former NHL star had a prenuptial agreement in place.
The following October, Rhoda filed a temporary restraining order against Avery. According to documents obtained by Us, Avery was legally required to stay 100 yards away from the model, her workplace and their son’s school, with the exception of “briefly and peacefully exchang[ing] children for court-ordered visits,” for which he may also communicate with Rhoda in a “brief and peaceful” manner.
The restraining order was issued after Rhoda detailed an alleged September 2022 incident when Avery was arrested for domestic battery. She alleged that Avery “entered my house (even though I asked him not to), climbed in bed with me (twice) and wouldn’t leave,” according to docs obtained by Us.
Sean Avery and Hilary Rhoda Zach Hilty/BFA/Shutterstock
“He grabbed me by the arms and shook me, twice. I was very scared for my safety and called the police,” the paperwork stated. “Sean was arrested that night for domestic battery, and he was released the following morning upon paying $20,000 bail.”
Rhoda also claimed that her estranged husband “yells, swears, and name-calls on a constant basis.” She continued, “He follows me, trying to get me to engage. He has engaged in many instances of physical abuse against me and against third parties. Sean has also been physically and emotionally abusive to our son, Nash.”
She alleged Avery “body slammed” their child into a changing table when he was being fussy in addition to describing how he allegedly drove erratically with Nash in the car. Rhoda claimed Avery admitted to sometimes allowing the toddler to sit in the front seat and didn’t properly buckle their son in his car seat. He allegedly dismissed her concerns as “crazy.”
In addition to claiming his marijuana vape pen was often left easily accessible to their baby boy, the model said the Amsterdam actor blamed his behavior on a drug problem. “After I led for divorce, Sean admitted to me he was addicted to oxycontin, and he blamed his addiction as the reason for all of his ‘bad behavior‚’ and he promised me he had been sober since April,” she wrote in the court docs. “Sean also told me that he was having ‘withdrawals’ from the drug, and he used that as an excuse to justify his temper and volatility toward me and Nash over the past several months.”
Rhoda claimed that Avery had been walking past her house “several times a day” since the incident. “I was, and am, extremely afraid of Sean,” she stated. “This was not the first time Sean has been physically violent toward me, but this was the first time I called the police, because I had always tried to protect Sean and because I was so scared. I now realize that I was trapped in a cycle of abuse.”
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In the wake of the protection order, Rhoda was granted full legal and physical custody of Nash.