The domestic violence case against Hayden Panettiere‘s ex-boyfriend Brian Hickerson has been dismissed, nearly five months after his arrest.
“The case against Brian Hickerson was dismissed without prejudice [Thursday,]” Los Angeles County District Attorney’s Office spokesman Greg Risling told Page Six in a statement Friday. “Our office was unable to proceed because we could not secure a material witness. The protective order also was dismissed.”
According to a Los Angeles court filing, Hickerson also no longer has to pay his $50,000 bail.
Hickerson was arrested for domestic violence by the LAPD in May after he and Panettiere, 30, got into a physical altercation at their home after a night of drinking in Hollywood.
At the time, cops saw redness and marks on Panettiere’s body, TMZ reported.
Following the scuffle, Hickerson was ordered to stay 100 yards away from the “Heroes” star. He was arraigned in Los Angeles in July and pleaded not guilty.
As Page Six previously reported, Panettiere has not seen Hickerson since the alleged incident in May.
The duo began dating over the summer following her split from boxer Wladimir Klitschko, the father of her 4-year-old daughter, Kaya.
Meanwhile, the actress was spotted holding hands with Hickerson’s brother, Zach Hickerson, earlier this month.
A rep for Panettiere did not respond to our request for comment.