Sacramento judge denies request for restraining order against Kings center Richaun Holmes
A Sacramento Superior Court judge on Wednesday denied a mother’s request for a domestic violence restraining order against Kings center Richaun Holmes, who has been accused of child abuse by his ex-wife.
The NBA player and his ex-wife, Allexis Holmes, appeared in court via a Zoom online conference call, along with their attorneys.
Court Commissioner Kimberly Parker dismissed the mother’s request for a restraining order she filed on behalf of her 6-year-old son. Parker said the appropriate venue for the matter was in Los Angeles Superior Court, where a judge has already ruled on the matter and appointed a custody evaluator to determine whether the child requires protection.
In court documents, Allexis Holmes accused her ex-husband of domestic violence and physical abuse of their son, alleging he caused the boy to bleed from a blow to the head during a Feb. 6 visitation. The court had granted the mother a temporary restraining order against her ex-husband, and she was asking the court on Wednesday to make the order permanent.
“There is a history of domestic violence in this case, that Ms. Holmes was physically abused by Mr. Holmes during their marriage,” Shelley O’Brien, Allexis Holmes’ attorney, said in court. “My client witnessed physical abuse of the child when they were together. He would grab the child, punch him in the chest, hit him in the arm, hit him in the face. He used a belt when the child was 2 years old.”
Ann Moder, Richaun Holmes’ attorney, objected to O’Brien’s argument, saying the attorney was improperly trying to testify on behalf of the mother. Moder has described Richaun Holmes as an “exemplary parent” and said that his ex-wife is merely seeking attention by filing “baseless claims.”
NBA player denied allegations
Richaun Holmes has denied those allegations, first reported by The Sacramento Bee, on Twitter.
“You have to be goofy as hell to believe that about me … my heart BEATS for my son I live this very life to see him happy and could never raise a hand to harm him EVER. My son adores me and I adore him … the relationship we share is the greatest bond I have ever experience … to hear my name tarnished at his expense is where I draw the line!,” Richaun Holmes in the now-deleted social media posts.
Moder told the judge that the mother in February filed in L.A. Superior Court a request for a domestic violence restraining order to protect her child, and that matter was heard there “extensively” on Feb. 17. The following day, the judge denied Allexis Holmes’ request for the restraining order.
“I don’t think it’s appropriate for Ms. Holmes to be able to proceed in this manner based on what she’s filed,” Moder told the Sacramento judge. “
Mother’s attorney says abuse occurred after LA court ruling
O’Brien said her client is providing allegations of abuse against her ex-husband based on incidents that occurred after the L.A. court judge ruled there was insufficient evidence in her request for a restraining order. The attorney argued that the Sacramento judge can consider previous allegations that now demonstrate a pattern of abuse.
“This is repeated, this is a history. She has a right to try to get some protection for her child from this father who has a history of physical violence against my client and this child,” O’Brien argued.
Moder told the judge there are no percipient witnesses, meaning there is nobody who saw or heard the alleged abuse occur after the Feb. 18 court hearing. She also said both parents agreed to have the south state court appoint a child custody evaluator who is in the process of “actively investigating” any allegations of child abuse in this case.
The child’s parents have had their custody case in Los Angeles since January 2020, Moder told the judge, and the mother’s allegations have been denied. The attorney said the mother also is seeking a court order to allow her to move the child to Georgia.
“She’s appearing before your honor in Sacramento trying to get another bite of this proverbial apple,” Moder argued.
The mother’s attorney asked the judge for a two-day trial in Sacramento County to determine whether the restraining order is appropriate after hearing testimony from police officers, Child Protective Services and her client.
Judge says mother can seek another restraining order in LA County
The judge denied that request for a trial, saying there is already extensive litigation in this custody case in Los Angeles, and both parents live in Sacramento County but don’t intend to stay. The NBA player lives in Sacramento County for work, and the mother has been ordered in the court custody case to continue living in this county for the time being.
Parker told the mother’s attorney that they can file a request seeking a temporary restraining order against Richaun Holmes in L.A. County, where the custody case is scheduled to continue next week. O’Brien said she and her client will do that.
Richaun Holmes has not appeared in a game since March 16. He has been away from the Kings since the team announced March 18 he would miss the rest of the season due to “personal reasons.”
After The Sacramento Bee first reported the claims made in the custody battle between Holmes and his ex-wife, the team said the “Sacramento Kings organization would like to express our strong stance against any form of assault and domestic violence.”
In a statement released after Wednesday’s hearing, the Kings said “We are aware of the judge’s ruling and respect the legal process. We will continue to work closely with the NBA to monitor.”
This story was originally published March 30, 2022 at 12:55 PM.
