The female cop who was shot by one of her fellow officers trying to serve her a restraining order at her Massachusetts home has been released on bail.

Police and prosecutors say Kelsey Fitzsimmons, formerly an officer with the North Andover Police Department, pointed a gun at the officer who ultimately shot and wounded her during the confrontation in June.

Fitzsimmons, 29, denies this and claims she pointed the weapon at her head, not at the three officers in her home.

The officers were there to serve her a court-approved restraining order that was filed by her firefighter fiancé, who claimed Fitzsimmons had threatened to kill their infant son or take him ‘far, far, far away for a long, long time’.

The fiancé feared for their child’s safety and because of that, he also asked the court to grant him full custody.

In his restraining order petition, the fiancé said she ‘punched her stomach repeatedly while pregnant, saying she would kill herself and the baby’.

He also claimed that during a June 28 outing, Fitzsimmons allegedly punched him in the face three times while intoxicated. 

Fitzsimmons was in custody at the hospital throughout the summer while she was recovering from her gunshot wounds. She was moved to jail in September and was not given the opportunity to make bail because she refused to take a breathalyzer test.

She was shot twice in the chest, which she and her lawyers argued made it physically impossible for her to do ‘the deep-lung exhale required for court-ordered alcohol monitoring’, according to WCVB. 

In Essex Superior Court on Tuesday, her attorney, Timothy Bradl, argued that since she has been breathing better for the past month, she should meet the conditions for bail that the judge had set out.

The judge agreed and released her after she passed the breathalyzer test, though she’ll be on house arrest at her mother’s Methuen home. The house was cleared by the court as an acceptable place for her to be confined.

Fitzsimmons, who will wear an ankle monitor, will not be allowed to contact her fiancé, her child or any of the witnesses to the shooting. She was also ordered to not be in contact with firearms or alcohol.

Fitzsimmons has pleaded not guilty to charges of armed assault with intent to murder and two counts of assault with a dangerous weapon.

Outside the court in Salem on Monday, Fitzsimmons thanked her supporters and reiterated that she was innocent.

‘I just have full faith in the juror system and it’s going to be good when the truth comes out,’ she said. ‘All I wanted to do is be home with my family for Christmas, it’s all I wished for.’

Fitzsimmons had been on the force for about 18 months at the time of the shooting, and there were warning signs prior to the incident.

In March, police and emergency medical responders were called to Fitzsimmons’s home for what was described as a ‘female having a mental health episode,’ records show.

She was hospitalized for 12 hours and diagnosed with postpartum depression. At that time, she turned in her service weapon.

After being medically cleared in June, Fitzsimmons was reinstated to active duty, along with her license to carry a firearm.

That was revoked after the shooting at her home in June, and now her law enforcement certification has been suspended by the Massachusetts Peace Officer Standards and Training Commission.

This required her to turn in her badge, her firearm and any other police equipment. There is no indication that she has been formally fired, but with the suspension in place she cannot actively work as an officer. 

Her trial is scheduled to begin on February 9.