“Fast & Furious” star Tyrese Gibson won his court battle over his 10-year-old daughter Friday, a source told the Daily News.
A Los Angeles judge dismissed a domestic violence restraining order brought by his ex-wife Norma Mitchell and said the parents will return to 50-50 custody of their daughter Shayla in January, the source said.
“He feels great,” the source told The News.
The judge found the allegations that Gibson emotionally and physically battered his daughter were “100% unsubstantiated,” the source said.
Gibson broke down sobbing earlier in the day when the judge denied a stay-away order to Mitchell over her claims Gibson pushed her down stairs in 2004, struck her on two occasions in 2007 and hit her in the face in 2011.
The “Transformers” star grabbed tissues from a box and covered his crying face while the judge read the first half of her two-part ruling.
The judge then closed the courtroom before switching gears to the portion of the case covering Shayla.
An official written order from the court was expected to take up to two business days, a court spokeswoman said.
Mitchell filed her original restraining order request in September, seeking protection for both herself and Shayla.
She claimed Gibson hit their daughter so hard in August the child “claimed she could not sit down due to the pain she was experiencing.”
Before closing the courtroom Friday, Judge Shelley Kaufman said Mitchell’s allegations unrelated to Shayla were all either “too remote in time” or failed to meet the burden of proof.
The judge said she found a toxic pattern of “acrimony” between the exes but no “ongoing pattern of abuse.”
Kaufman also addressed highly emotional postings Gibson made on social media during the case.
She said while “melodramatic,” the posts, including a video that named Mitchell two times, did not violate the terms of a temporary restraining order.
“He is a public figure who communicates with the public, and I don’t find this was a mechanism to communicate directly with the restrained parties,” she said.
Gibson has denied ever abusing his daughter.
In closing arguments Thursday, Mitchell’s lawyer Aleen Khanjian said Gibson subjected his daughter to “corporal punishment” so severe it would be considered “illegal in California.”
She called Gibson “erratic” and “unstable.”
Mitchell previously said Gibson flew into a rage and hit their daughter over a misdeed the child denied.
“(Gibson) accused Shayla of stealing her own piggy bank money that she received for her birthday,” Mitchell said in her September filing signed under penalty of perjury.
Gibson’s lawyer Terry Ross argued Thursday that her client was the victim of a “false narrative” perpetrated by Mitchell.
Ross argued Gibson punished his daughter in accordance with Georgia state law during a summer visit to Gibson’s home in Atlanta.
“He chose to discipline her by giving her a spanking,” Ross said in her closing. “That’s what parents do.”
Gibson took to Instagram last weekend and apologized for his distressing social media posts. He said his erratic behavior was caused by an adverse reaction to medication.