Judge Rules That Bethenny Frankel Does Not Have to Submit to Drug Testing Despite Ex's Request

Jason Hoppy's request to have his ex-wife, Bethenny Frankel undergo drug and alcohol testing for their custody battle has been denied, according to a new report by Radar Online.

Hoppy and Frankel are still battling it out for custody of their 8-year-old daughter, Bryn. They were back in a New York City court on Monday for a hearing with Judge Michael Katz, who did not take long to deny Hoppy's latest request. He even showed some suspicion and contempt for the drug testing idea, which he seemed to view as a long-term scheme.

“It is my job to see if there is a reasonable doubt, and so far I don’t see it,” Judge Katz said. “She is allowed to occasionally go and drink without her daughter present. What exactly is your claim? That she goes out and occasionally has a drink? Because that’s not illegal.”

Kats went on to say that Hoppy was “trying to exploit Ms. Frankel to embarrass her,” especially in the wake of her boyfriend, Dennis Shields' passing. Shields suffered from a suspected drug overdoes back in August, using pain medication he had been prescribed. However, there is no reason to suspect that Frankel knew about any issue Shields might have had, as her lawyers later pointed out.

Still, Hoppy's attorney, Robert Wallack, was quick to point out that Frankel was often seen "drinking alcohol with her friends" on TV during the course of Real Housewives of New York.

“There was no evidence that Bethenny knew anything of Mr. Shields’ drug issues," shot back Frankel's lawyer, Allan Mayefsky. "This is all speculation. She is on television. She is entertaining. There is nothing wrong with that.”

In the end, Katz stated that there is not “evidence sufficient enough to order drug and alcohol testing," adding, “There was a tragedy which I think you’re trying to exploit to embarrass Ms. Frankel. The appeal is denied.”

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Frankel and Hoppy have come to blows in the courtroom before. Just last year, a judge granted Frankel a six-month-long restraining order against Hoppy after she claimed that he was stalking and harassing her. Hoppy maintains his denial of these claims.

Frankel is now reportedly dating Paul Bernon, a film producer known for movies like Adult Beginners, Drinking Buddies and this year's A Kid Like Jake. The two were spotted walking around Boston hand-in-hand last weekend. They were even seen kissing near Boston College, though they have yet to comment publicly on their relationship.