Ohio Representative Max Miller is facing accusations of breaching a mutual restraining order involving his ex-wife, while allegedly withholding crucial audio from her legal team following his interview with The Post.
The Republican representative participated in an extensive interview with The Post on Monday, discussing his ex-wife Emily Moreno’s allegations of abuse. This occurred just hours after a judge had imposed a mutual restraining order prohibiting either party from disparaging or harassing the other.
Moreno’s legal team filed a court document on Friday, demanding that Miller justify why he should not be held in contempt and be required to cover Moreno’s legal expenses after conducting the interview.
“To be clear, [Moreno] acknowledges that [Miller] is not restrained from talking to the media, nor is he restrained from defending himself. Those actions, by themselves, are not at issue,” her lawyers stated in their Friday filing.
“What [Moreno] does object to is that [Miller] uses the media to harass, disparage, and abuse Defendant in contravention of this Court’s Restraining Orders, and does so [in] a very visible, very public manner. It must stop.”
Emily, the daughter of Sen. Bernie Moreno (R-Ohio), married Miller in 2022, and the couple divorced two years later.
The two are currently involved in a heated custody battle over their 2-year-old daughter, which includes allegations that Miller poured hot water on Moreno and concerns about their child’s broken collarbone.
Miller addressed these issues in his interview with The Post, marking his first public discussion on the matter.
Following the interview, Miller also spoke with Spectrum News 1 and other media outlets.
“Congressman Miller is defending himself against false allegations that have damaged his reputation and continue to cause harm,” said Miller’s spokesperson, Chris Vlasto, to The Post. “He is not going to sit back while Emily Moreno and her attorney make claims he believes are untrue and defamatory.
“Any assertion that Congressman Miller violated a non-disparagement agreement is simply the characterization of Ms. Moreno’s counsel, and he strongly disputes it,” the spokesperson added. “Congressman Miller will continue to defend himself and pursue the appropriate legal remedies.”
Emily’s attorneys have also used Miller’s interview as grounds to dismiss his defamation lawsuit against her. Miller initiated the lawsuit after the Daily Mail reported claims that he poured hot water on her in June 2024.
Miller’s team provided The Post with audio, purportedly from a conversation he had with Emily weeks after the alleged incident, in which he privately addressed her accusations.
“First of all, the water incident — which I have the text messages from that we have, even following up after that, I never thought that — that hurt you, and you know that,” Miller said to her in the audio.
“If you want to accuse me of abuse by showing photos and no video evidence of something that I wasn’t even being abusive for, by all means, go ahead and do that.”
Emily’s lawyers argue that the audio indicates Miller gave her permission to make the allegations.
On Friday, her attorneys filed a motion to compel Miller to hand over the audio, contending that The Post’s article demonstrated the congressman’s non-compliance with discovery requests.

