Jennifer Hudson and David Otunga split

The couple are said to have started to go their separate ways for “a number of months”, and she has acquired a protective order against her former fiance, who she has eight-year-old son David with.

Jennifer’s rep told PEOPLE: “They have been in the process of ending their relationship for a number of months.

“Today, Jennifer requested and received a protective order against her ex-fiancé. Jennifer’s actions are solely taken in the best interest of their son.”

David’s lawyer Tracy M. Rizzo blasted Jennifer for trying to gain an “unfair advantage” in the pair’s custody battle by filing for the protection order, and claimed the 36-year-old star is “portraying herself as the victim”.

She said in a statement: “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.

“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, and it is unfortunate, especially in today’s climate, that she would feel the need to make these false allegations against him.

“Mr. Otunga looks forward to his day in court and in being awarded the residential care of the parties’ only child.”

The 37-year-old former pro wrestler popped the question to the ‘Dreamgirls’ star in 2008 after less than a year of dating, but they never did tie the knot and welcomed Daniel a year later.

Around a month after getting engaged, Jennifer suffered a family tragedy when her mother Darnell Donaldson, brother Jason and seven-year-old nephew Julian King were murdered by her sister’s estranged husband William Balfour.

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