TMZ has learned both sides squared off in court Tuesday and David made his case to spend the holiday with 8-year-old David Jr. TMZ broke the story, cops threw David out of the family home after Jennifer got an order of protection claiming she was afraid David would hurt her and her son. David says she's lying and vengeful because they were at an impasse over custody.

We've learned, according to the new order, David Jr. will be with his dad from Thanksgiving day at 3 PM to 7 PM the following day.

There's a hearing set for Monday where David will ask the judge to vacate the order of protection.

We're told David will also ask the judge on Monday to give him temporary custody of David Jr., claiming he's the primary caregiver. He also wants possession of the residence -- where he pays rent -- during the 2 weeks she'll be traveling for work -- between November 26 and December 8.