Circuit Court Judge Terrence McGann found that Natasha Deibler hadn’t met the burden of proof needed to keep in place the order, which barred the radio host from from contacting his wife or entering the Potomac home where she lives.

After listening to testimony from police officers, a nurse who examined Natasha, and others, McGann ultimately was persuaded by the fact that the alleged incident in dispute took place as Natasha tried to enter her estranged husband’s apartment. He said the matter would be clearer if the couple’s gender roles were switched. “I think society could accept that a lot easier — a man can’t barge into a woman’s apartment,” he said. “Well, she can’t barge into his apartment — it has nothing to do with their gender.”

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Although the judge ruled against making what had been a temporary protective order final, both the divorce and the underlying second-degree assault charge against Peter Deibler (he was arrested June 17 and released on bond) will continue under separate cases.

In testimony on Thursday, each spouse accused the other of substance abuse and other erratic behavior.

Peter Deibler said when his wife called to say she would be late picking up the girls, “She sounded slurred and not coherent,” he said.

Natasha Deibler said she entered his apartment fearing for the safety of her daughters. “I believed they were in danger,” she said.