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EXCLUSIVE: Kelly Rutherford Prepares For Restraining Order Battle Against Husband

Jan. 12 2010, Published 6:06 a.m. ET

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Kelly Rutherford has filed legal paperwork for her temporary restraining order hearing against her estranged husband, Daniel Giersch, which will take place Wednesday in a Santa Monica courtroom.

See Kelly's Restraining Order Paperwork

The documents are formally requesting testimony be given by Kelly along with her present and former nanny. The documents also state that Giersch is anticipated to testify.

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Rutherford's mother, Ann Edwards will also be testifying about her interactions with Giersh which prompted Rutherford to seek a restraining order. Kelly alleges that Giersch has been harassing her, her mother and caretakers.

Kelly Steps Out Post Baby

Giersh is firing back at Rutherford, among his claims, Giersch asserts he wasn't given make-up time to visit with their daughter Helena who was sick with the Swine Flu at Kelly's home.

Kelly Rutherford

Giersch says in his declaration, "Thus far, Kelly has only provided me 3 days of make up time with Helena.....This does not include my two custodial days where Helena had the swine flu, and for which she has promised make up time."

Giersch says he never harassed or threatened Kelly or any of the nannies.

As previously reported Giersch and Rutherford have been embroiled in a nasty custody battle over their two children, Hermes, 3, and Helena, 7 months old since they split.

Things have gotten so bad between the two that Giersch wasn't even present at the birth of Helena, Rutherford opted, instead, to have her mom present in the delivery room.

Giersch and Rutherford were married in August 2006, Rutherford filed for divorce in December 2008, Giersch filed for legal separation on the same day.



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