By . Daily Mail Reporter . PUBLISHED: . 00:00 EST, 4 January 2013 . | . UPDATED: . 09:22 EST, 24 January 2013 . TV star Tawny Cypress faced her ex-husband in court on Wednesday after he was charged with assaulting their young son at a restaurant. The actress, who appeared in hit show Heroes, mouthed 'scumbag' at her ex Bill Charles, 58, as she walked from the room at Brooklyn Criminal Court. Cypress, 36, had been ordered to appear in court along with her new husband Thomas Dillon, for a  hearing in the assault case against Charles. Scroll down for video . Lawsuit: Actress Tawny Cypress and husband Tom Dillon. Cypress's ex-husband has accused her of having Dillon attack him then set him up to spend time in jail . Battered: Bill Charles, 58, was allegedly beaten across the head by his ex-wife Tawny Cypress's new husband Tom Dillon on June 6 . Actress Tawny Cypress held her dog and wore a wedding ring when pictured at the doorsteps of her Brooklyn apartment earlier this month . The fashion photographer allegedly hit the couple's 11-year-old son during a meeting at Cheeburger Cheeburger restaurant in the Park Slope area of Brooklyn, New York. Charles’ lawyer has claimed that his . client was set up during the meeting on June 6, 2012 at the fast-food . joint and that instead it was Dillon who beat his client with a cellphone. The trial is expected to begin on February 4. According to a lawsuit filed by Mr Charles, it is Ms Cypress who used their son to lure him to the burger spot where he was attacked by Dillon. According to court documents, Dillon attacked Charles with a 'hard object', knocking him down and causing a concussion. The couple then made up a sequence of events that led to Mr Charles spending six nights in jail, according to Charles' lawyer Robert Feldman. Caught on tape: Surveillance footage shows Tom Dillon (seen the furthest outside of the restaurant) approach (left) then hit (right) his wife's ex-husband Bill Charles (in the white shirt) Down: Charles is seen lying on the ground (left) and Dillon appears to come back and has to be restrained (right) Court records show Mr Charles was charged with four misdemeanors, including assault and acting in a manner injurious to a child. Ms Cypress, who has most recently starred in TV series Blue Bloods and The Good Wife, was married to Mr Charles from 2000 to 2004. She played the character Simone Deveaux, an art dealer without any special powers, in Heroes in the 2006-07 season. Showdown: The actress was subpoenaed to appear at her ex-husband's trial today in Brooklyn Criminal Court (pictured) over the assault of their son . Famous friends: The cast of Heroes in 2007 (left to right) Greg Grunberg, Masi Oka, Ali Larter, Hayden Panettiere, Tawny Cypress and Sendhil Ramamurthy .
Tawny Cypress, 36, sued by ex-husband Bill Charles after 'she lured him to NY burger bar so her new partner could beat him up'
Assault allegedly happened in Brooklyn on June 6 .
By . Daily Mail Reporter . PUBLISHED: . 00:00 EST, 4 January 2013 . | . UPDATED: . 09:22 EST, 24 January 2013 . TV star Tawny Cypress faced her ex-husband in court on Wednesday after he was charged with assaulting their young son at a restaurant. The actress, who appeared in hit show Heroes, mouthed 'scumbag' at her ex Bill Charles, 58, as she walked from the room at Brooklyn Criminal Court. Cypress, 36, had been ordered to appear in court along with her new husband Thomas Dillon, for a  hearing in the assault case against Charles. Scroll down for video . Lawsuit: Actress Tawny Cypress and husband Tom Dillon. Cypress's ex-husband has accused her of having Dillon attack him then set him up to spend time in jail . Battered: Bill Charles, 58, was allegedly beaten across the head by his ex-wife Tawny Cypress's new husband Tom Dillon on June 6 . Actress Tawny Cypress held her dog and wore a wedding ring when pictured at the doorsteps of her Brooklyn apartment earlier this month . The fashion photographer allegedly hit the couple's 11-year-old son during a meeting at Cheeburger Cheeburger restaurant in the Park Slope area of Brooklyn, New York. Charles’ lawyer has claimed that his . client was set up during the meeting on June 6, 2012 at the fast-food . joint and that instead it was Dillon who beat his client with a cellphone. The trial is expected to begin on February 4. According to a lawsuit filed by Mr Charles, it is Ms Cypress who used their son to lure him to the burger spot where he was attacked by Dillon. According to court documents, Dillon attacked Charles with a 'hard object', knocking him down and causing a concussion. The couple then made up a sequence of events that led to Mr Charles spending six nights in jail, according to Charles' lawyer Robert Feldman. Caught on tape: Surveillance footage shows Tom Dillon (seen the furthest outside of the restaurant) approach (left) then hit (right) his wife's ex-husband Bill Charles (in the white shirt) Down: Charles is seen lying on the ground (left) and Dillon appears to come back and has to be restrained (right) Court records show Mr Charles was charged with four misdemeanors, including assault and acting in a manner injurious to a child. Ms Cypress, who has most recently starred in TV series Blue Bloods and The Good Wife, was married to Mr Charles from 2000 to 2004. She played the character Simone Deveaux, an art dealer without any special powers, in Heroes in the 2006-07 season. Showdown: The actress was subpoenaed to appear at her ex-husband's trial today in Brooklyn Criminal Court (pictured) over the assault of their son . Famous friends: The cast of Heroes in 2007 (left to right) Greg Grunberg, Masi Oka, Ali Larter, Hayden Panettiere, Tawny Cypress and Sendhil Ramamurthy .
ex-husband in court on Wednesday after he was Heroes, mouthed 'scumbag' at her ex Bill Charles, Actress Tawny Cypress and husband Tom Dillon. Tawny Cypress's new husband Tom Dillon on June 6 lure him to the burger spot where he was attacked