The actress obtained a temporary restraining order last year (09) against Daniel Giersch, the father of her two children, after accusing him of making threats and trailing her, her mother and nanny.
Giersch fought back, denying allegations of harassment, reports RadarOnline.com.
Now Rutherford wants the case to go before a judge – she filed legal documents on Friday (08Jan10) requesting to appear in court to testify against the German businessman.
The papers also indicate that Giersch will be questioned over his “conduct and behaviour” toward Rutherford, and that a former nanny is willing to testify against him.
The hearing is due to take place on Wednesday (13Jan10) in a courtroom in Santa Monica, California.
The couple has been locked in a messy custody battle over their son Hermes and seven-month-old daughter Helena since they filed for divorce in December 2008.