A former boyfriend of Mischa Barton has agreed not to release a tape of the actress having sex with another ex-flame, but also has not admitted he has such a video.
In a settlement reached in Los Angeles Superior Court with Barton, Adam Spaw agreed to a five-year stay-away order as well as a permanent promise to not sell, distribute or show any intimate photos or videos of her.
However, the settlement documents state that by signing the agreement, Spaw is not admitting he possesses or attempted to sell any intimate photos or videos of the 31-year-old actress, who's best known for appearing on "The O.C." television series that aired on Fox from 2003 to 2007.
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Barton obtained a temporary restraining order against Spaw and another ex-boyfriend in March. The petitions both dealt with her effort to stop the potential sale of a sex tape she claims was made against her will in a so- called "revenge porn" case.
"I am pleased that we were able to block sale or distribution of the explicit images of Ms. Barton that were shopped around earlier this year. After months of litigation, we have reached a settlement that gives us everything we wanted: stay away orders, and a promise not to distribute or post the images, ever," Lisa Bloom, Barton's lawyer, said in a statement.
Commissioner Laura Hymowitz's March orders directed both Spaw, 39, and 30-year-old Jon Zacharias to stay at least 100 yards from Barton, her home, her workplace, her car and even her dogs. They also were ordered not to sell or distribute the naked images or show them to anyone else in the interim.
On June 5, Barton reached an agreement with Zacharias in which he, like Spar, permanently agreed not to sell or distribute the tape. Barton's petition states that Zacharias recorded the former couple having sex and also took photos of her while she was nude, all without her knowledge. She alleged he was trying to sell the tapes for $500,000.
She said in a sworn statement that after she broke up with Zacharias, she began dating Spaw. She said Spaw appeared to want to help her delete the objectionable photos from Zacharias' computer, but later also tried to take advantage of her and allegedly forged her signature on some checks.
Barton alleged that both men were in need of money and that either of them may have wanted to sell the images.