Robert Voets/CBS via Getty; John Fincher/Instagram Parvati Shallow, John Fincher
Parvati Shallow's request for a restraining order against estranged husband John Fincher has been dismissed.
The Survivor alum, 38, filed for a domestic violence restraining order against Fincher last month — a request that was discharged at a Monday court hearing, according to court documents obtained by PEOPLE.
The temporary restraining order she was granted at the time of the filing has also been dissolved.
In a statement shared with PEOPLE, Fincher's lawyer Joy Dracup Stanley called the proceeding a "very unfortunate matter."
"Obtaining temporary Domestic Violence Restraining Orders are a commonly abused legal tactic to gain an advantage over custody," she said. "They normally occur at the commencement of a divorce. The matter was dismissed because Ms. Shallow's allegations were false. Mr. Fincher categorically denies all accusations, and Ms. Shallow's voluntary dismissal of the request for the restraining order speaks for itself. Mr. Fincher is seeing their child with shared legal and physical custody."
A lawyer for Shallow did not respond to PEOPLE's request for comment.
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Shallow's initial request came days after she filed for divorce from Fincher, 38, who is also a Survivor alum. The former couple, who share a 3-year-old daughter, Ama, had been together for about seven years and married for four.
In the documents requesting the restraining order, which were first reported by Us Weekly, Shallow detailed various instances in which she said Fincher was "physically and verbally aggressive" towards her, the most recent of which occurred on Aug. 20 at a friend's house.
In his response, filed the same day, Fincher offered his own account of what happened during the Aug. 20 incident.
In the course of an argument about whether their daughter should sleep at the friend's home or their own that night, Shallow claimed that Fincher told her, "I don't care about you. I hope you kill yourself. You can walk into traffic. You can jump off a cliff. I hope you put a gun in your mouth and blow your brains out."
"I then saw John try to grab Ama and she wriggled away saying she wanted to stay here," she claimed, noting earlier that she had begun to record his behavior on her phone. "He then lunged at me, grabbed my arm and wrestled my phone out of my hands and made a dash to the door."
She claimed she proceeded to call the police, who she said handcuffed Fincher when they arrived but did not arrest him. She said she "did not want him to go to jail," sharing that he is currently undergoing treatment for cancer.
"John has acted in a similar manner in the past when there is no one else around to act as a buffer," Shallow said. "There has been no escape for me when I am at home with him and he has these violent outbursts. I am so afraid for Ama's physical and emotional well-being given she hears and witnesses her dad screaming and being physically violent towards me."
In his response, filed the same day, Fincher offered his own account of what happened during the Aug. 20 incident, refuting Shallow's story. He also asked that the court deny her request for a restraining order.
"During the argument, which lasted a few minutes, Parvati and I both raised our voices," he wrote. "Parvati was sitting on a couch during the argument. I was standing. At the end of the argument, I walked over to the couch where Parvati was sitting. I reached forward and grabbed Parvati's phone which was on the couch. Parvati swung her arms and hands at me when I picked up her phone. Parvati hands touched my arm and my torso. I grabbed the phone and walked away, toward the front door of the house."
"I did not unlock Parvati's phone. I placed the phone down on a table and began to walk away. I heard Parvati say that she was calling the police," he continued, claiming that the police "made no instructions to me and did not direct me to do anything."
"I did not hit, kick, push or in any other way have any physical contact with Parvati at any time on August, 20, 2021," Fincher said, requesting that he "be given the opportunity to have a hearing regarding the custody and visitation orders" and proposing a temporary custody agreement for Ama.
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.