Dalle and Foxx began dating in 2019 after the latter filed for divorce from Homme. Foxx detailed the alleged incident in a court filing (as reported by Rolling Stone), after which a judge granted him an emergency stay-away order.
Foxx, 38, alleges he was at an Apple Store at the Oaks Mall in Thousand Oaks, California, on the afternoon of December 24, when Homme is said to have approached him from behind. Foxx alleges that Homme pressed his chest against his body and said “I’m going to kill you, you fucking pussy”.
Foxx claims that when he left the second-floor shop after removing himself from the exchange, Homme waited for him outside. He then claimed Homme “lunged” at him, threatening to “throw” him over the balcony, and, according to Foxx’s petition for the temporary restraining order, grabbed his right arm.
Writing in his sworn statement, Foxx said: “He then attempted to use the momentum of his upper body combined with his grip on my arm to throw me over the rail.
“I could feel one of his fingernails digging sharply into my hands. In that moment I truly felt that he was going to throw me over the balcony to my death.”
A photo of Foxx’s alleged injury was included in his petition. NME has reached out to representatives for Homme for comment.
Queens of the Stone Age frontman Homme has been locked in a child custody battle with Dalle. According to Foxx’s petition, Homme allegedly also called him an “alienator”, and “screaming” “I haven’t seen my kids in three months and it’s your fucking fault!”
On November 12 2021, Homme filed for a civil harassment restraining order against Foxx, claiming Dalle’s live-in boyfriend was intentionally interfering with Homme’s relationship and custodial time with his two sons.
The petition sees Homme claim Foxx filed “fraudulent, forged documents” in September 2021 that seek restraining orders for the two children against Homme. A hearing on that petition has been set for February 2.
In October 2021, Los Angeles County Superior Court Judge Lawrence Riff ordered Dalle to allow Homme to see their children, despite the former having previously requested a temporary restraining order for her sons, claiming they were scared Homme would hurt them.
In a series of other rulings related to the custody hearing, Dalle was convicted of one count of contempt, found to have “wilfully” violated an agreed custody deal by “failing” to give her five-year-old son over to Homme for his custodial time. Dalle claimed she tried to convince the children to go to Homme’s house but they “refused”.
For the violation of the court order, Dalle was sentenced to 60 hours community service.