Jennifer Hudson and fiancé David Otunga have split after nearly 10 years -- and Jennifer was granted a restraining order -- but David's attorney says it's only because Hudson's afraid to lose their kid.
Otunga's attorney, Tracy Rizzo, tells us, "David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now. However, when it became apparent to Ms. Hudson that Mr. Otunga would be the parent granted residential care of the child, as a result of Mr. Otunga being the child's primary caregiver while Ms. Hudson pursues her career all over the world, Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute."
Rizzo continues, "As a result of Mr. Otunga's career in the WWE, Ms. Hudson felt that she could give an award winning performance in court to portray herself as the victim. Mr. Otunga has never abused or harassed Ms. Hudson or their son."
In a statement to People, Hudson's rep says Jennifer requested the protective order, "in the best interest of their son." The statement never accuses Otunga of getting physical with Hudson, but we're told Otunga wanted to make it clear, he never touched her.
Hudson and the former WWE star got engaged in 2008 after less than a year of dating -- soon after welcoming their son, David Daniel Otunga Jr. -- the two never officially tied the knot.