Hilary Rhoda and Sean Avery John Nacion/NurPhoto/Shutterstock; Mediapunch/Shutterstock
The temporary restraining order that Hilary Rhoda filed against Sean Avery will continue to be in effect for over 10 months after it was initially filed. The order prohibits Avery, who is 43 years old, from having any contact with Rhoda, who is 36 years old, as well as their 3-year-old son, Nash. Rhoda first filed for the restraining order in October 2022, three months after she filed for divorce from Avery, who is known for his role in Oppenheimer. The judge extended the restraining order on July 17, and it will remain in effect until September 12, pending the outcome of their next court hearing on September 11.
Avery and Rhoda first crossed paths in 2009 and later exchanged vows in 2015. Their journey to parenthood was marked with challenges, including difficulties conceiving and experiencing a miscarriage. Sadly, their relationship ended shortly before their son Nash turned two.
Based on legal documents we obtained, the Sports Illustrated Swimsuit model officially filed for divorce in July 2022, marking the culmination of their seven-year marriage. Rhoda sought sole physical custody of Nash while requesting joint legal custody. Furthermore, she disclosed the presence of a prenuptial agreement between herself and the former NHL star.
In October of that year, Rhoda took legal action by filing a temporary restraining order against Avery. According to official documents obtained by Us, Avery was legally obligated to maintain a distance of 100 yards from the model, refrain from going to her workplace or their son's school, except for court-ordered visits where he could briefly and peacefully exchange their children. During these visits, he was also allowed to communicate with Rhoda in a brief and peaceful manner.
The restraining order was issued after Rhoda described an alleged incident in September 2022 where Avery was arrested for domestic battery. According to the documents obtained by Us, Rhoda claimed that Avery had entered her house despite her objections, climbed into bed with her twice, and refused to leave.
Sean Avery and Hilary Rhoda Zach Hilty/BFA/Shutterstock
"He forcefully took hold of my arms and violently shook me not once, but twice. I was filled with immense fear for my own safety, prompting me to immediately contact the authorities," the documents stated. "Consequently, Sean was apprehended on charges of domestic battery that very night and granted release the subsequent morning upon payment of a $20,000 bail."
Rhoda further alleged that her estranged spouse exhibits a pattern of incessant yelling, profanity, and derogatory name-calling. She elaborated, "He relentlessly pursues me, attempting to provoke a response. There have been numerous instances where he has subjected both me and others to physical abuse. Furthermore, Sean has demonstrated both physical and emotional cruelty toward our son, Nash."
Rhoda accused Avery of forcefully slamming their child into a changing table when the child became fussy, as well as claiming that he drove recklessly with their child in the car. Rhoda also stated that Avery sometimes allowed their toddler to sit in the front seat without proper buckling in the car seat. Avery apparently dismissed Rhoda's concerns as unfounded. Additionally, Rhoda alleged that Avery frequently left his marijuana vape pen within reach of their baby. She also revealed that Avery attributed his behavior to a drug problem, admitting to being addicted to oxycontin. Avery claimed that his addiction was the cause of his "bad behavior" and assured Rhoda of his sobriety since April. However, he used his alleged withdrawals as an excuse for his temper and volatility towards Rhoda and their child in recent months.
Rhoda alleged that Avery had been repeatedly passing by her residence throughout the day following the incident. She expressed, "I have been, and continue to be, deeply scared of Sean." She revealed, "This was not the initial occurrence of Sean exhibiting physical violence towards me, but it was the first instance in which I contacted the authorities, as I had always endeavored to shield Sean and due to my overwhelming fear. I now comprehend that I was ensnared in an unbroken pattern of abuse."
In light of the protection order, Rhoda was awarded complete legal and physical custody of Nash.