"He's been charged with two felony counts. The maximum time he could serve is over four and a half years," he told her. "Obviously, you have had a say as far as what his sentence should be. Ultimately, that's up to the judge and/or the district attorney. But I can tell you this, they are taking your feelings about the case into very serious consideration under your constitutional rights, which is called Marsy's Law."
Matt was arrested in 2019 and charged with domestic violence and false imprisonment, following an argument in which he allegedly choked and threatened to kill Kirschenheiter. He has denied all the charges and pled not guilty.
While Gina wavered over giving a victim's impact statement in a previous episode, she eventually did speak out in court -- so Matt would "have to hear how I felt about that night." Tonight, she broke down in tears as she told her lawyer how much she appreciated his support through everything.
"I had a really hard time sticking up for myself," she said, getting choked up. "Really, I'm thankful to have you in my corner."
With Matt's fate up in the air and time in prison looming over him, Gina struggled with her own complicated feelings and guilt about the case.
"No matter how much you try and tell yourself this isn't your fault, I can't help but -- if that happens -- feel guilty about it," she said in a confessional. "I am physically hard wired to always feel like I have to protect him.
After getting off the phone with her lawyer, she then called her boyfriend Travis and reiterated a lot of her feelings.
"Basically, they're going back to trial and I don't know what the right thing is. I don't really have control of it at this point, but they do take my feelings into consideration," she said. "I still feel bad. Mike said, 'You did the right thing, because a lot of people don't.' I still feel bad, I don't know why."
Travis tried talking her down, telling her to look for the silver lining in the situation and telling her this might all make them better coparents in the future.
I wanna be the family that's able to all be in the room at the wedding and not make our children pay for our shit," she said in a confessional. "I don't want that for our kids. [I'd like to say] 'We went through out shit, it wasn't easy, but we figured it out.'"
She then relayed the situation to her costars too, telling them she does and doesn't feel "responsible" for what happens to Matt at the same time. "I don't know how to deal with it," she added.
"Just give him some mercy so he can get a job. For the kids' sake and support the kids," Kelly Dodd told her. "You don't want to ruin his livelihood. He's smart, he's a go-getter, he wants to provide for the kids. [Gina's] done with him, she's over it."
Elizabeth Vargas, however, was shocked at Dodd's advice.
"I think Kelly might mean well," she said in a confessional, "but sometimes she just needs to shut that little trap that's going on."
According to Us Magazine, the next hearing for Matt's case is scheduled for January 2021.