Prosecutors in Maryland have dropped an assault charge against Peter Deibler, the radio personality known as Kane on the syndicated “The Kane Show.”

Deibler was arrested and charged with second-degree assault after a May 25 incident at his Rockville, Md., apartment involving his estranged wife, Natasha Deibler, with whom he’s mired in a messy legal battle over their divorce and custody of their two children. Late last month, the Maryland state’s attorney dismissed the assault charge, determining that “the case should not be prosecuted,” a spokesman for the state’s attorney’s office said in a statement.

In June, a Montgomery judge refused to extend a temporary protective order the court had imposed keeping Peter Deibler away from his wife. During the hearing over the protective order, the judge questioned whether the alleged incident rose to the level of second-degree assault and indicated that the allegations were probably related to the couple’s ongoing divorce and custody battle. “We have two people who are getting divorced — they dislike each other,” said Montgomery County Circuit Court Judge Terrence McGann. “They despise each other. They detest each other. They loathe each other.”

The state’s attorney spokesman said investigators had unsuccessfully tried to interview Natasha Deibler.

“Based on the hearing and on more than a dozen efforts to contact, meet and work with the original complainant, our front line prosecutor had reason to believe that the case should not be prosecuted,” Ramon Korionoff, the public affairs director for the Montgomery County State’s Attorney’s Office, said in a statement.