Last week, Sam was issued with a temporary apprehended violence order after a clash with Mitchell Hooke, the father of Phoebe.
Police issued the order after an incident between Sam and Mitchell in Bowral on Saturday, with a court listing at Moss Vale on November 9, according to public records.
The Daily Mail reported that Burgess is due before Moss Vale Local Court on November 6, where a magistrate could confirm the AVO or dismiss it in its entirety.
Sam and Phoebe called it quits in September after giving their marriage another go.
'They tried to give it a go but it just didn't work,' a source revealed The Daily Telegraph.
'The most important thing for them is that their children are happy and healthy, that is their priority,' a source told the publication.
WATCH: Timeline of Sam and Phoebe Burgess' romance