Police in Palm Beach, Florida began investigating D'Agostino after receiving a complaint of battery against him earlier this month, Page Six first reported.
According to the police report obtained by Radar, a 65-year-old man told police that D'Agostino, 51, threw a drink at him shortly after midnight on Feb. 10 at Palm Beach restaurant, Cucina Dell'Arte.
The victim told police that D'Agostino allegedly told the man, "I'm going to f**k you up," according to the report.
The report states the victim alleged he then shoved De Lesseps' former man "because he was in fear that D'Agostino would strike him."
The restaurant's security then intervened and removed D'Agostino from the bar, the docs state.
Officers assigned to the case spoke with two eyewitnesses who claimed to have been splashed by the drink D'Agostino threw but did not actually witness him throw it at the victim, the report states.
The report continues that one of the eyewitnesses was a female friend of the victim's, who told police that D'Agostino approached her and asked, "Why are you hanging out with him he has no money?"
Police ultimately obtained security footage from the restaurant, which showed the 65-year-old man pushed D'Agostino after De Lesseps' ex approached the woman.
"Due to the fact that he had pushed D'Agostino first before D'Agostino threw the drink, we would not be following through with a prosecution," an officer explained in the report.
The shocking bar battle comes on the heels of De Lesseps own boozy run-in with Palm Beach police. Last December, the famed New York housewife was arrested and charged with one felony of resisting and officer with violence and two misdemeanors of trespassing and disorderly conduct, Radar reported.
The Countess checked herself into rehab before the New Year.
Palm Beach is the same location where De Lesseps and D'Agostino tied the knot on New Year's Eve 2017.
We pay for juicy info! Do you have a story for RadarOnline.com? Email us at firstname.lastname@example.org, or call us at 800-344-9598 any time, day or night.