A judge has dismissed Orange Is the New Black star Brad Henke’s restraining order from his ex-fiancé.
According to court documents obtained by TMZ, a judge has decided to dismiss the case, and the temporary restraining order against Henke that was granted in May, when neither Henke or his ex-fiance Simone Toliver appeared for their court date.
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The temporary restraining order was originally granted in May after Henke, who portrayed C.O. Desi Piscatella on Netflix’s Orange Is the New Black from seasons 4-5, and Toliver split in June 2017. Toliver claimed in court filings that Henke had been emotionally and verbally abusive during their relationship and had at times become physically violent, stating that he had grabbed her several times and threatened her. She claimed that the abuse continued even after the breakup, with Henke showing stalking behavior.
“Since we broke up Respondent has repeatedly contacted and harassed me and my family,” Toliver wrote in court documents, according to Radar Online. “On May 10, 2018 Respondent had flowers delivered to my house. I have intentionally kept my address secret from Respondent out of fear. It frightens me that he was able to obtain my address. I told him if he contacted me again I would be filing a restraining order. Respondent then emailed me a number of times.”
Toliver also claimed that she feared for her life “because I think I have seen his car following me,” and Henke had “said over the phone ‘I could bust your head open,’” adding that she was “scared respondent will come to my house and hurt me.”
The judge in the case granted Toliver the temporary restraining order, which ordered Henke to stay at least 100 yards away from his ex. He was also ordered not to call or contact Toliver electronically and was told that he could not possess or try to possess a firearm or ammunition.
At the time, Toliver had also requested that Henke be ordered to attend a “batterer intervention program” and pay her legal fees.
The former couple, who had been together for years before their eventual split and had last been seen together at the 2017 Screen Actors Guild in January 2017, had been ordered to appear in court for a hearing in June. However, after neither showed up, the case was dismissed.
According to sources close to the Orange Is the New Black alum, Henke was never served with papers and was therefore unaware that Toliver had been granted a temporary restraining order against him.