Artem Chigvintsev and Nikki Garcia Each Granted Restraining Orders Against One Another

Nikki Garcia and Artem Chigvintsev are each claiming the other was the aggressor in the incident that led to his Aug. 29 arrest, taking their ongoing disagreement to the courts in two separate requests for domestic violence restraining orders — one against him and one against her — filed this week Napa Valley, California.

The married pair, who share 4-year-old son Matteo, have been estranged since the dispute that made national headlines, with Garcia filing to divorce Chigvintsev and end their two year marriage on Sept. 11. Though Chigvintsev was arrested on charges of corporal injury to a spouse, Napa County District Attorney Allison Haley announced on Sept. 24 that her office had declined to file criminal charges against the former Dancing with the Stars pro dancer.

But on Monday, Sept. 30, a judge reportedly granted Garcia a restraining order against Chigvintsev, according to TMZ. And on Thursday, Oct. 3, Chigvintsev requested his own protective order against Garcia, according to documents obtained by PEOPLE. On Oct. 4, a judge granted the protective order.

Both are due in court on Oct. 21 for a full hearing, per court filings.

In each of their requests, Garcia, 40, and Chigvintsev, 42, alleged that the other was the aggressor, providing conflicting details about the disagreement that began during the morning of Aug. 29 while Chigvintsev was preparing breakfast for Matteo.

Garcia claimed, according to the filing, that Chigvintsev had grown "increasingly angry" since he was cut from Dancing with the Stars, where the two met in 2017 when they were paired together on the 25th season of the ABC reality competition series. Though they had previously had discussions about his need to control his anger, the former WWE wrestler claims he snapped and yelled at her during a conversation about how Matteo's English muffin should be toasted, with Chigvintsev alleging Garcia had made him a "picky eater."

Chigvintsev, in his filing obtained by PEOPLE, noted that Garcia appeared stressed due to work. He alleged she "escalated the argument" by questioning how he was packing Matteo's lunchbox and criticizing him for not carrying equal weight of the parental responsibilities, which he said was "absolutely false." When he left the room to "let her cool down" and get Matteo ready to leave, Garcia followed and continued to lob complaints his way. He insisted his "calm" responses drove her crazy until she "completely lost it," screaming "'get the f--- out of my house'" and "forcefully throwing both of Matteo's sneakers at me."

In Garcia's filing she admitted to throwing the shoes, but claimed that they "weigh hardly anything and could not have hurt him."

Garcia claimed she was "so overwhelmed by Chigvintsev yelling at me that morning" that she threw her son's "toddler size 7 shoes" toward her ex. "The shoes contacted Chigvintsev's leg. I acknowledge it was not right of me to throw the shoes, but I was so overwhelmed with everything that had happened that morning that I had a momentary lapse in judgement."

From there, both agree that Chigvintsev took Matteo upstairs. She claimed Matteo was screaming "Mommy! Mommy!" while Chigvintsev said Matteo looked "frightened" by his mother's tone and he was simply trying to "deescalate the situation" as Garcia had allegedly moved from "verbal abuse to physical [abuse]" and wasn't listening to his pleas for her to "to stop and calm down."

Taking Matteo to his room, Chigvintsev explained in his declaration he closed the door behind him and refused to let Garcia in despite her demands he "open the door right now." When she allegedly forced herself in, "Matteo started crying." And not wanting his son "seeing his mother angry and confrontational in his bedroom," Chigvintsev moved himself and Garcia out.

"I tried to get her off me and away from the door frame so that Matteo would not witness any further conflict," Chigvintsev alleged. "I cannot stress enough how many times I pleaded with her to stop and calm down. There was a mutual struggle, and both ended up on the ground. At that moment, I knew that nothing I would say would get to her [and] make her calm down. I was hurt and scared of her continuing on. I needed help for her to stop."

In her filing, Garcia claimed that when she got her arm through the door, Chigvintsev "tackled" her to the ground outside of Matteo's room. She claims Chigvintsev "grabbed my arms and held me on the ground for what felt like 20 to 30 seconds."

According to her filing, she continued pushing on the door and got in, then Chigvintsev allegedly pushed her across the hall into their bedroom and forced her to the floor of their bathroom.

The dancer "had his hands on my chest near my sternum and was pressing down," the report read, so much so that she "felt like she was suffocating." She then "grabbed at his neck" trying to get him off of her. "There was nothing else I could do."

"I think Artem saw the panic in my eyes, because he 'snapped out of it,'" Garcia claims in her request.

Chigvintsev wound up calling 911, alleging that Garcia verbally threatened him while he was on the phone with dispatch. He remained outside until they arrived and recounted his story to the authorities, but was ultimately arrested — something he noted surprised him since he did not believe he was the primary aggressor.

His filing included pictures of marks he has obtained on his body that allegedly were caused by Garcia. Garcia's filings did not contain photos.

Garcia, on the other hand, told the cops about the incident and walked them through the space upstairs where it occurred. She also said Matteo allegedly informed officers, "Daddy hurt my hand." And she claimed that Chigvintsev had been physically violent and verbally abusive in the past, citing a supposed 2023 incident in which he "violently grabbed me around my waist" in an effort to keep her away from their son.

In her filing, Garcia said an officer noted red marks on her chest, and she pointed out red marks on her arms "from where Chigvintsev pinned" her down.

But in his filling, Chigvintsev said that her claims were "absolutely false" and alleged that Garcia lied to authorities in order to get him arrested.

A spokesperson for the Napa Valley Police Department, the Napa Valley District Attorney and the County of Napa Court Clerk did not return PEOPLE's request for comment.

Representatives for Garcia shared a statement with PEOPLE. “Due to the incident that led to Artem’s arrest on August 29, 2024, Nikki has decided to file for a temporary Domestic Violence Restraining Order to protect herself and her son. Although Nikki requested that the Napa District Attorney not file charges against Artem as she did not want him to go to jail, he must still be held accountable for his actions, and Nikki and her son must be protected."

The statement continued, "Nikki’s number one priority has always been the wellbeing of her son. She is thankful for all of the love and support she has received and continues to ask for privacy for her and her family during this difficult time.” 

Meanwhile Ilona Antonyan, Chigvintsev's lawyer, issued a statement to PEOPLE.

“It is crucial to consider the motivations of both parties in this situation," said Antonyan. "Mr. Chigvintsev contacted law enforcement on [Aug. 29.] seeking protection from his wife’s persistent aggression. While he was on the phone with the police, Ms. Garcia-Colace made a pointed statement, saying, 'Do you understand where this is going now, Artem? You just ruined my career, and you know it.' That day, someone was going to be arrested, and it wouldn’t have been Mr. Chigvintsev if Ms. Garcia Colace had told the truth."

"He denies ever tackling her," Antonyan added. "He was shocked to learn two weeks after the incident that she made this allegation against him; at that point it made sense to him why he was arrested. As a result of wife’s self-serving statement, Mr. Chigvintsev’s career suffered, with numerous opportunities being canceled due to these false allegations. He was not the primary aggressor."

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Chigvintsev has since moved out of the home he shared with Garcia, though an official "move out order" hasn't been issued. The judge who granted Garcia's restraining order prohibited Chigvintsev from contacting her or coming within 100 yards of her person, their son, their home and her vehicle, reported TMZ.

The dancer was, however, granted visitation and the ability to exchange Matteo for court-ordered visits.

According to Chigvintsev's filing, he requested that he and Garcia share equal physical custody of Matteo on a mutually agreed upon schedule, beginning with Chigvintsev caring for Matteo from Oct. 4 to Oct. 12 while Garcia is in London for work, but custody and visitation was denied on his filing until the hearing.

Garcia requested in her filing to take Matteo with her on her London work trip as well as for a work obligation in New Jersey from Oct. 16 to Oct. 24.

"Despite my requests to his attorney, to date, Artem has refused to allow me to travel with Matteo to fulfill these work obligations," she wrote in her filing. "I am concerned that if I cannot take Matteo with me, Artem will attempt to take Matteo from the nanny, putting Matteo in danger."

"My focus has always been and will always be, our son Matteo," Chigvintsev said in September, when the DA dropped the charges against him. "[My son] is my world, and being his father is the greatest blessing in my life. 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."