Judge in Denise Richards and Aaron Phypers Restraining Order Case Scolds Lawyers in Tense Hearing: ‘What Are We Doing Here?’

During a Los Angeles court hearing on Denise Richards’ temporary restraining order against her ex, Aaron Phypers, on Tuesday, Oct. 7, Judge Mark Juhas had firm words for the attorneys representing both parties.

Richards, 54, and Phypers, 53, were both present for their second day of testimony as the actress seeks to make permanent the temporary restraining order the actress was granted against her ex in July.

At about 4 p.m. during the hearing, which began nearly half an hour late that morning, Phypers’ attorney, Michael Finley, pressed Richards about texts she sent Phypers on July 5. Pointing to a select group of messages about Richards’ stolen laptop and purse, Finley asked her why she did not mention her allegations of domestic violence against Phypers.

Richards and her attorney, Brett Berman, contended that she did bring up the claims in other texts she sent her estranged spouse that day, which were omitted from the ones she was shown on the stand. 

“We’re dancing around something here that’s actually pretty straightforward,” Juhas said, after the topic led to objections from Berman and confusion between Richards and Finley, owing at least in part to the messages being compiled out of order.

When Berman and his co-counsel told Juhas they had found copies of the July 5 texts they believed Finley omitted from his proposed exhibit, the judge expressed his exasperation.

“The fact that you’ve got them is fabulous, but what are we doing here? It’s two minutes until four and we have got to get this case done,” Juhas said as the second of three days scheduled to hear the case drew to a close. 

After ordering that the court reconvene at 8:30 a.m. local time on Wednesday, Oct. 8, the judge underscored his concern with getting through all the relevant testimony in a timely fashion.

“All kidding aside, I don’t know when my next available day is, but it’s not for a long time,” Juhas said. “The order will stay in place and all that kind of stuff, but it’s not for a while.”

Juhas also shut down Finley when he questioned Richards about whether she was intoxicated on an episode of The Real Housewives of Beverly Hills in 2024, during which she wore an “upside-down coat.”

Richards admitted she was under the influence, but when the attorney asked what substances she was on, the judge asked how that was relevant.

On Monday, Oct. 6, Juhas said it was “troubling” that Richards’ attorneys did not inform the court in some way that they planned to call Phypers’ cousin, Kathleen McAllister, to testify, in light of “the very strong policy [of] open courts in the state of California.

McAllister, who Richards’ attorneys said Monday was afraid of having her name be included on a public witness list, was a surprise witness. 

Richards was granted a temporary restraining order against Phypers and accused him of domestic violence. In a July 17 filing, she claimed he repeatedly abused her, would “frequently violently choke me,” and “violently slap me in my face and head, aggressively slam my head into the bathroom towel rack, threaten to kill me, hold me down with his knee on my back to the point where I would have to plead with him to get off me so that he would not kill me.”

Phypers denied the claims, calling them “completely false and deeply hurtful” in a statement to PEOPLE, and then he accused Richards of cheating on him and being physically abusive.

“Denise and I, like many couples, have faced our share of challenges, but any suggestion of abuse is categorically untrue,” he added in his statement to PEOPLE. “I have always tried to approach our marriage with love, patience, and respect.”

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer​​, from celebrity news to compelling human interest stories. 

In court on Oct. 6, Phypers’ alleged abuse was discussed as Richards testified that her ex “almost killed me so many damn times” and “would often threaten to throw me through the windows and off balconies.”

She continued her testimony on Oct. 7, claiming that Phypers “caused me at least three concussions” during their relationship.

If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.