Rep. Max Miller's Ex-Wife Seeks New Restraining Order, Alleges Congressman Grabbed Her Lawyer

Ohio Rep. Max Miller is facing a new restraining order request from his ex-wife, Emily Moreno, filed Thursday, July 31, 2026, in Cuyahoga County. It's the latest turn in a bitter custody and defamation fight that has spilled well beyond family court and into Miller's reelection campaign.

Moreno, daughter of Republican Sen. Bernie Moreno of Ohio, alleges in the new filing that Miller physically grabbed her attorney, Andrew Zashin, during a court hearing this past Tuesday. "Plaintiff physically touched my counsel without consent," the filing states, according to both Newsweek and the Washington Examiner. Moreno says she told Miller, "Get your hands off of him," after the alleged contact.

The filing also claims Miller has "harassed, threatened and communicated directly" with multiple attorneys who've represented Moreno over time, including her current counsel at Zashin Law LLC and past attorneys Vince Stafford and Jill Helfman. Moreno's team argues Miller cannot be trusted to stay away without a court order.

One detail giving the filing extra weight: Miller's own criminal defense attorney, Larry Zukerman, reportedly told the court during Tuesday's hearing that his client "just can't control himself," according to court papers cited by both Newsweek and the Washington Examiner. This is a notable statement to have on the record from a defendant's own lawyer.

CBS News reports this isn't the first friction between Miller and Zashin. Moreno alleges that after a hearing back in May, Miller insulted Zashin's fiancée in front of witnesses at the courthouse. CBS also notes something the other two outlets don't detail as clearly: Miller and Moreno already have mutual court-ordered restraining orders against each other stemming from earlier proceedings. This new filing would be an additional, more specific order targeting contact with her legal team.

The underlying allegations are serious and remain unresolved by any court. According to a police report reviewed by CBS News, Moreno alleged that on February 1, Miller assaulted her during a custody exchange at his Bay Village, Ohio home, throwing her against a wall and leaving a "grab mark" and bruising. The report also documents a separate alleged incident roughly two weeks later that resulted in their then-toddler being diagnosed with a fractured collarbone, with a bruise the reporting officer said "appears to be a handprint."

Moreno also told police the child said "Daddy kill you" after a stay with Miller. Miller denied the child would have said any such thing. None of these allegations have been tested at trial, and no criminal charges against Miller have been reported in these filings.

Miller has denied every allegation against him, calling the accusations part of a coordinated, politically motivated campaign tied to the custody dispute. His spokeswoman, Abigail Angelos, said in a statement that "if there were credible evidence supporting these outrageous accusations, that simply would not be the case" that he still shares joint custody of his daughter. A judge did grant continued joint custody this week, according to Miller's team, and separately granted Miller's motion to dismiss a related case in which he'd accused Moreno of pushing false abuse claims.

Family courts routinely evaluate custody arrangements with the child's safety as the central question. A judge maintaining joint custody amid abuse allegations is a fact worth considering. It doesn't resolve the underlying dispute, which remains contested in court.