(AP) — A judge on Friday dismissed a petition for a temporary restraining order against a Maui anesthesiologist accused of attempting to kill his wife on a Honolulu hiking trail.

Gerhardt Konig’s wife initially filed the petition after he allegedly pushed her toward the edge of a cliff, attempted to inject her with a syringe and then bashed her head with a rock.

But her attorney, Brandon Segal, told the judge the restraining order was now unnecessary because Konig was being held without bail during the criminal case against him. Segal said his client may refile petition if Konig’s custody status changes.

Second Circuit Court Judge Bevanne J. Bowers on Maui approved the motion after Konig’s attorney had no objection.

Konig pleaded not guilty to an attempted murder charge in April. He’s been held without bail since his March 28 indictment.

Konig and his wife were visiting Oahu from their home on Maui to celebrate her birthday when he allegedly tried to kill her on the hiking trail, prosecutors said.

The wife’s petition said Konig accused his wife in December of having an affair and that they had been in therapy and counseling. She also said her husband has sexually abused and assaulted her.