Adrienne Maloof and Dr. Paul Nassif
09/20/2012 at 04:15 PM EDT
A judge on Wednesday awarded The Real Housewives of Beverly Hills
star Adrienne Maloof temporary custody of her three sons, after she alleged that her estranged husband
, Paul Nassif, choked one of them last week.
A rep for Nassif confirmed the court decision to PEOPLE, adding that his legal team was blindsided by the allegations, which Nassif denies.
Maloof, 51, claims that Nassif, 50, with whom she is locked in a bitter divorce and custody battle
, turned around and choked one of the boys for being rowdy on a drive last Thursday, TMZ.com reported
Later that same day, Maloof alleges, Nassif took one boy who was misbehaving during bathtime and "threw him in the corner."
Nassif's lawyer, Lisa Meyer, characterized the claims as "gamesmanship at its worst," and said Maloof wasn't present during either alleged incident. "It is a sad day when parents have to stoop to the level of making false allegations against another parent," Meyer said.
Maloof has requested a restraining order be taken out against Nassif, which will be heard in court on Oct. 9. In the meantime, the court awarded her a temporary restraining order that denies Nassif the opportunity to contact, or be within 100 yards, of Maloof or their kids, Gavin, 9, and 6-year-old twins, Christian and Collin.
Nassif, a Beverly Hills plastic surgeon, filed for divorce
in August. He has requested joint custody of 9-year-old Gavin and 6-year-old twins Christian and Collin. Maloof is seeking primary custody.