Artem Chigvintsev Was Not the 'Primary Aggressor' in Domestic Violence Incident with Nikki Garcia, Claims Lawyer (Exclusive)

Chigvintsev was arrested in Napa Valley, Calif. on Aug. 29 on a charge of corporal injury to a spouse, but the charges were dropped by the D.A.'s office on Sept. 24

Rodin Eckenroth/Getty Artem Chigvintsev (L) and Nikki Garcia
Rodin Eckenroth/Getty Artem Chigvintsev (L) and Nikki Garcia

Artem Chigvintsev is speaking out for the first time after his arrest on suspicion of domestic violence.

In a lengthy statement to PEOPLE on Wednesday, Sept. 25, Chigvintsev revealed how he's been doing after it was announced he would not be facing criminal charges for his arrest on suspicion of domestic violence on Aug. 29.

The former Dancing with the Stars pro said he is now focusing on his son Matteo, whom he shares with estranged wife Nikki Garcia, as he attempts to move forward from the incident.

"I am incredibly relieved and grateful that the domestic violence charges against me have been dropped," the statement began. "This has been an extremely difficult time for me. I am thankful that the truth has prevailed. My focus has always been and will always be, our son Matteo. He is my world, and being his father is the greatest blessing in my life. All along, my main concern has been for him. I am committed to continuing to provide him with the love, support, and care he needs as we move forward."

"I am hopeful that securing an equal custody arrangement will help us move on," he continued. "I want to express my deepest gratitude to my family, friends, and legal team for standing by me during this challenging time. Your support has been invaluable, and I am thankful to everyone who believed in me and saw the truth for what it was. I look forward to moving past this chapter and focusing on what truly matters—continue being the best father I can be."

Related: Nikki Bella and Artem Chigvintsev's Relationship Timeline

<p>Emma McIntyre/Getty </p> Artem Chigvintsev visits the SiriusXM studio at SiriusXM Studios on September 19, 2023

Emma McIntyre/Getty

Artem Chigvintsev visits the SiriusXM studio at SiriusXM Studios on September 19, 2023

Chigvintsev's attorney, Ilona Antonyan, also provided an exclusive statement to PEOPLE regarding the ongoing divorce between her client and Garcia.

"We can now focus on negotiating a shared 50/50 custody schedule. Fortunately, Artem has been able to spend time with Matteo almost every day since 8/29/2024 incident," she shared, before sharing alleged details of the morning of his arrest. "He is a very dedicated, interactive, nurturing, and loving parent. My understanding of the investigated facts surrounding the 8/29/24 incident have led me to conclude from the beginning that Artem was not the primary aggressor. I believe that to be true even if the burden of proof would be the preponderance of evidence, which is the standard of proof in family court. He was protecting himself and Matteo."

She added: "Fortunately, he has a strong support group of loving family and friends. I am confident he will move forward from this situation with strength and dignity. Artem is fully committed to fostering a positive co-parenting relationship with his ex. Divorce is never easy, but once custody is settled, the remaining issues tend to be less emotionally charged and easier to resolve."

A rep for Garcia did not immediately respond to PEOPLE's request for comment.

Related: DWTS Alum Artem Chigvintsev Will Not Face Criminal Charges After His Arrest on Suspicion of Domestic Violence

<p>Getty(2)</p> (L) Artem Chigvintsev and Nikki Garcia

Getty(2)

(L) Artem Chigvintsev and Nikki Garcia

On Aug. 29, Chigvintsev was arrested in Napa Valley, Calif. on a charge of corporal injury to a spouse. He was booked in the Napa County Jail and given a $25,000 bail before being released in less than an hour, according to documents obtained by PEOPLE.

While Garcia wasn't named in the documents, she was named in the 911 call about the incident, reported by TMZ. According to the dispatcher heard on the outlet's audio, Garcia allegedly threw shoes at Chigvintsev during the argument.

At the time, a rep for Garcia told PEOPLE, "This is a private matter and Nikki asks for privacy for her and her family at this time."

Two weeks after his arrest, Garcia, 40, filed for divorce after nearly two years of marriage on Sept. 11. In her divorce petition reviewed by PEOPLE, the WWE alum requested legal and physical custody of their son and only child Matteo. The documents requested that Chigvintsev be allowed child visitation rights.

The television personality cited "irreconcilable differences" as grounds for divorce from the professional dancer. Garcia also requested the court terminate spousal support for both parties. In response to her filing, Chigvintsev stated he was seeking joint legal and physical custody of their son, as well as spousal support and attorney's fees and costs.

Related: Artem Chigvintsev and Nikki Garcia Marked 2-Year Wedding Anniversary Days Before His Arrest

<p>Nikki Garcia/Instagram</p> (L) Artem Chigvintsev and Nikki Garcia with their son Matteo

Nikki Garcia/Instagram

(L) Artem Chigvintsev and Nikki Garcia with their son Matteo

On Tuesday, Sept. 24, Napa County District Attorney Allison Haley announced that her office came to the decision to decline to file criminal charges against Chigvintsev after his arrest in August.

According to the press release, Haley stated that the decision was made after a "thorough review of the criminal investigation" and evidence presented in the case.

“While we take every arrest seriously and stand firmly against domestic violence, we have an ethical obligation to only file charges when supported by the evidence,” she wrote. “We are required to prove any and every criminal charge ‘beyond a reasonable doubt’ which is the highest standard in the American criminal justice system. If the available evidence doesn’t rise to this level of proof, then we cannot ethically file charges.”

Though the DA's office will not be pursuing criminal charges against Chigvintsev, Haley wrote that they may revisit the case if they learn of other incidents, facts or evidence that has not been previously known.

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Garcia and Chigvintsev met in 2017 when they were paired together on season 25 of Dancing with the Stars, although the retired WWE wrestler was engaged to John Cena at the time. In July 2018, Garcia and Cena officially ended their relationship after six years together.

The DWTS pair reconnected later that year and made their relationship Instagram official in March 2019. Since then, Garcia and Chigvintsev have celebrated several milestones together: They got engaged in November 2019, welcomed a son in July 2020 and said, "I do" in August 2022.

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.

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