Legal Drama: Inside 'RHOC' Star Gina K's Explosive Court Hearing Amid Divorce & Criminal Case
Her ex-husband still taking drug & alcohol tests amid nasty fight.
Jan. 15 2020, Updated 10:07 p.m. ET
Real Housewives of Orange County star Gina Kirschenheiter’s ex-husband admitted he is still taking “drug and alcohol tests,” amid their bitter court battle, RadarOnline.com exclusively learned.
Matt Kirschenheiter and his ex-wife ended their marriage in 2019 but the couple are still fighting over child support and alimony.
During the court hearing on January 15, 2020, Matt’s attorney, Bonnie Rosen, confirmed he is still submitting to drug and alcohol tests that were part of the divorce settlement agreed upon in 2019.
“Does he want to continue doing it? No, but where we are now is a kind of a compromise on everyone's part … he’s doing the alcohol and drug testing for sure,” Rosen told Judge Julie Palafox on Wednesday.
Matt is asking the judge to lower the $10,000 per month he pays Gina in child support, claiming that he has lost his lucrative job after the bad press stemming from his arrest.
“Life has changed considerably … had it not been in the press, his job would not have been lost,” Rosen said. “It would've been quiet and on the back burner like every other normal citizen, but it's been part of 'The Real Housewives'. And she's talked about it publicly on Real Housewives, so my client is really getting slammed in his personal life by the Petitioner's desire to engage in the 'reality show.'”
The judge ruled Matt's request to modify the spousal and child support will be discussed at the next hearing in March.
A second topic during the hearing was regarding Matt’s request to have Gina sit for a deposition in the case. In court documents previously obtained by RadarOnline.com, she had argued that she did not want to be in the same room with him considering the domestic violence restraining order and a separate criminal protective order that was filed by the Orange County District Attorney’s Office.
Under the family law case, Matt has the right to be in the room during Gina’s deposition, but the criminal protective order has strict restrictions against a defendant being in the same room as the alleged victim. There is also law that states victims of domestic violence cannot be compelled to testify.
Matt’s attorney told the judge that the deposition would be "like any other court process," and that he and Gina have seen each other at the kids' school functions.
"A deposition is nothing different than us appearing in court where they will be together," Rosen said during the hearing.
"Quite frankly, they have been successful together at meetings at school and things like that. It would be impossible, at least difficult, for me to prepare for all of the issues on child custody and visitation and financial issues without my client saying, 'No this is not what's happened, or what about this.' It would be impossible."
Gina’s new attorney, Graham Kirkman, told the judge she has agreed to be deposed on the non-domestic violence issues. Kirkman, however, said Gina is still concerned about where the deposition will take place and if it would be secure and safe for Gina. Kirkman said at least in court, there are various deputies present. He said Gina wants something comparable to that where she would feel safe.
Judge Palafox said since the criminal protective order takes precedence over the domestic violence/civil protective order, both parties would have to work out how Gina could be deposed without Matt being in the same room.
Palafox suggested that they could use Skype to take Gina’s deposition so Matt could still hear and see the proceedings with his attorney without being in the same room as his ex-wife.
However, Judge Palafox told the attorneys she can’t rule on this issue and left it up to both sides to figure out when and where they can do the Skype/video deposition.
The judge told both sides to come back in March to discuss Matt’s request for monetary sanctions against Gina and attorney's fees. The judge also said they will discuss the domestic violence order at that next hearing. In the meantime, that order still stands.
Scroll through the gallery for more details about Gina’s explosive court hearing.
Split
RadarOnline.com readers know Gina filed for divorce in 2018. She and Matt briefly reconciled, but ultimately split in 2019.
Arrest
Matt was arrested for domestic violence after an incident at their Orange County home on June 22, 2019. He was charged with felony corporal injury – on spouse/cohabitant and felony false imprisonment effected by violence, menace, fraud, or deceit.
Sad Story
Gina broke down in tears when recalling her alleged domestic abuse incident with ex-husband during the RHOC Season 14 reunion. “He just was like a different person,” Gina said of Matt’s alleged attack. “I was really scared. I ran out of the house, and I rang my neighbor’s doorbell, and I was banging on the door. And he dragged me back in the house. A lot of the neighbors heard. They all called the police and then the cops came, they arrested him,” she continued, crying. “It was scary. It was really scary.”
Details
Matt pleaded not guilty to the charges and his trial is pending.
Heartbreak
Never Miss an
Daily updates from the heart of Hollywood, right to your inbox
By entering your email and clicking Sign Up, you’re agreeing to let us send you customized marketing messages about us and our advertising partners. You are also agreeing to our Terms of Service and Privacy Policy.
“There is a part of my heart that feels bad for Matt because he wasn’t really a part of this to begin with and he’s not a monster,” Gina told PEOPLE in September. “It’s an emotional time, and people make mistakes. He’s made a lot of them, obviously.”
Court Date
In September, Matt pleaded not guilty to two felony charges related to the alleged incident. If convicted, he would face up to four years in prison for domestic violence, and an additional three for false imprisonment after Gina claimed he dragged her back into the house when she fled looking for help. He has a pre-trial conference scheduled for February 25.
