Sam Lutfi must stay at least 100 feet away from Britney until 2012 according to the permanent restraining order filed against him by Jamie Spears on behalf of Britney for allegedly undermining the conservatorship.
Lutfi filed an appeal against the TRO.
Bryan Freedman, Lutfi's lawyer, claims "there was absolutely no evidence whatsoever that Britney Spears was suffering substantial emotional distress as required by the statute."
"In fact, the evidence was just the opposite - it was that she was reaching out for Sam's help, and all Sam did was get her a lawyer," Freedman continued. "
There is no evidence of threats or stalking or anything whatsoever."
According to Eonline.com, Freedman argued in the appeal, filed Wednesday in Los Angeles Superior Court, that Lutfi never threatened or harassed Spears, and claimed that he in fact was laboring at her behest.
"We believe the appellate court will overturn the ruling," Freedman said.
"Restraining orders were created for stalkers and for people who make threats, and truly the only evidence that existed in the whole case was that Sam sent 10 text messages to the hairdresser - none of which were threatening or a vulgar word or mean or anything else."
Freedman continued to say that Lutfi was looking out for Britney's best interests and that he felt Britney herself would not want nor feel the need to obtain a permanent restraining order.
"Sam got her a lawyer, and facilitated his sister, and she requested getting her a cell phone," he said.
"If Britney Spears wanted this restraining order herself then why didn't she testify, come to court, send a letter to the judge or do anything?"
Britney did not appear in court after a judge ruled that she "lacks the capacity" to testify.
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