Emily Moreno appeared in court Wednesday alongside her father, Senator Bernie Moreno, in a custody dispute in Cuyahoga County, Ohio, as a judge considered a restraining order request in the bitter legal battle between the senator’s daughter and her ex-husband, U.S. Representative Max Miller.
The hearing marked a rare public moment for the Ohio Republican senator, who had largely stayed out of the spotlight during months of contentious proceedings. According to CNN, Moreno sat with Emily Moreno on a wooden bench in the courthouse hallway, then moved inside the courtroom as the judge heard arguments about whether to grant the restraining order her lawyer had sought against Miller.
At issue in Wednesday’s hearing was a request by Emily Moreno’s attorney, Andrew Zashin, to bar Miller from contacting her legal team outside of court. Zashin alleged that Miller had physically grabbed him and another attorney’s bag following a previous hearing—an incident Miller’s team denied. Ultimately, the parties agreed to a mutual restraining order: Miller cannot contact Emily Moreno’s lawyers outside court proceedings, and Emily Moreno cannot contact Miller’s lawyers in the same context.
Both sides claimed victory. Miller’s attorney, Larry Zukerman, argued that Emily Moreno “left in a worse position than when she woke up this morning” because she had not previously been prohibited from contacting his counsel. Zashin countered that he had achieved what he sought. “If that were the case, why didn’t they file something. Just more spin,” Zashin told CNN.
The custody case stems from Emily Moreno’s allegations of domestic abuse against Miller, whom she married in 2022. According to court filings and police reports obtained by multiple outlets, Emily Moreno has accused Miller of scalding her with hot water, hitting her, holding a gun to her head, and threatening her father. Miller has denied all allegations of abuse, claiming his ex-wife is manipulative and suffers from mental illness—a characterization her legal team rejects.
The couple divorced in 2025 after a two-year marriage. They share a 2-year-old daughter and have been locked in custody proceedings since their split. In early August, after weeks of media coverage of the allegations, Senator Moreno publicly called for his former son-in-law to resign from Congress, stating that Miller “should not serve in the House.” The senator said he had moved Emily Moreno, his granddaughter, and his wife “out of state to a secure place” due to safety concerns.
The legal disputes have multiplied. In August, Emily Moreno sued Miller and his attorney, alleging that Miller posted a nude photograph of their toddler daughter on a public Dropbox folder shared with nearly 60,000 of his social media followers. Miller’s attorney took public responsibility for the disclosure, and Miller called it “awful,” though he disputed characterizations of it as reckless. The House Ethics Committee also announced it is investigating Miller for allegations of domestic violence and drug use.
Miller, who joined Congress in 2023 after serving as a White House staffer and in the Marine Corps Reserve, has remained defiant. He has refused calls to drop his reelection bid, insisting he will stay in the race. “My daughter is going to grow up one day, and she’s going to see all of this, and she’s not going to see that her father caved to political and social media pressures for something that he never did,” Miller said in a CNN interview.
Judge Debra Boros, who is overseeing the case, reminded all parties Wednesday that despite the emotions involved, there was no excuse for violating court orders—an apparent acknowledgment of the extraordinary circumstances surrounding an ordinary custody matter that has drawn national political attention.
Sources
- CNN — detailed account of the August 26 court hearing, statements from both legal teams, and background on the custody dispute and abuse allegations
- Time — timeline of Emily Moreno and Max Miller’s marriage (2022), daughter’s birth (2023), divorce filing (August 2024), and finalization (2025)
- PBS NewsHour — Emily Moreno’s allegations of abuse including scalding and threats; Senator Moreno’s public calls for Miller to resign
- The Guardian — Emily Moreno’s lawsuit against Miller over the posted nude photograph of their toddler
- NBC News — House Ethics Committee investigation into Miller for domestic violence and drug use allegations
