Jennifer Hudson and David Otunga Split, Battle Over Child Custody

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Jennifer Hudson played super dirty by sneaking into court to get an order of protection against baby daddy David Otunga to get a leg up in their custody dispute.so claims Otunga's lawyer.

Hudson, 36, announced the end of her ten-year relationship to Otunga, 37, exclusively to PEOPLE on Thursday.

In a statement to ABC News, Hudson explained that she pursued protection "in the best interest of their son", 8-year-old David Daniel Otunga Jr.

After the protective order was approved, Hudson received temporary custody of both their son as well as their house, which means that the man is now virtually homeless. "Jennifer's actions are exclusively taken in the best interest of their son".

About a month after becoming engaged, Hudson's mother, Darnell Donerson, and her brother, Jason Hudson, were found fatally shot in a Chicago home.

"David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now". Otunga allegedly grabbed their son by the hand and physically pushed Hudson out of the master suite.

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Former pro wrestler Otunga proposed to Hudson in September of 2008 after dating for less than one year. "Mr. Otunga looks forward to his day in court and in being awarded the residential care of the parties' only child".

Contentious: The statement concluded with "Today, Jennifer requested and received a protective order against her ex-fiancé".

The Academy Award victor claims Otunga told their son to film her during a recent recording session, in an attempt to prove she's dating one of her producers, and when she got home David was angry. "He ain't going nowhere", she said at the time.

In legal docs, Hudson claimed "David left a gun and holster on their kitchen counter".

Tracy Rizzo, an attorney for Otunga, told TMZ that Otunga has "never abused or harassed Ms. Hudson or their son" and that Hudson's move was exclusively to win favor in the custody battle.

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