Josh Brolin and Diane Lane went through a “rough patch” a few months into their their marriage when Brolin was arrested for domestic battery in December, 2004. Both Josh and Diane claimed that the incident was blown out of proportion. Although Diane called the police her rep claimed that she “did not want to press charges and asked [police] not to arrest [Josh].” It’s unclear what happened exactly, but they said that the arrest was a formality after the call was made and that they were “embarrassed the matter went this far.”

I’ve always kind of suspected that Brolin had a harsh temper behind closed doors, but that assumption probably wasn’t fair based on that one report. Now there’s a story that suggests Josh might be cheating on Diane. He was supposedly witnessed making out with a woman at a bar in New Orleans, and she was seen doing the walk of shame outside his place the next morning. Is this story true or is it just wishful thinking by a tabloid hoping for an exclusive?

Josh Brolin is married to one of Hollywood’s most beautiful women, but In Touch can exclusively reveal that the Oscar nominated star of Milk was spotted getting cozy with another pretty woman other than his wife, Diane Lane. On May 21, Josh, who is on location in New Orleans filming Jonah Hex, partied at the Royal Street Inn with local Melissa Green — then took her back to another location to hang out at 11:35 p.m. The next morning, at 7:23 a.m., “They left together,” a witness tells In Touch. “Josh looked like he hadn’t slept at all. She was wearing the same outfit as the night before and looked embarrassed.”

According to the witness at the Royal Street Inn, Josh arrived at the bar around 8:30 p.m. with his driver and met up with his director, Jimmy Hayward, and some friends. After doing a shot of whiskey, the actor chatted with several female fans. “He was hugging them and seemed to enjoy all of the female attention he received for hours,” the witness tells In Touch. “He even gave one woman that he seemed to connect with a long hug.”

Josh’s flirting looked innocent enough until Melissa, 30, came to the bar at 10:30 p.m., wearing sexy short shorts and boots. Even though the two were surrounded by people at the bar, “Melissa sat in his lap, and they were kissing each other on the mouth,” the witness reveals. “He nibbled her ears and was caressing her. He was tickling her as she wrapped her legs around him. They looked a little too close for comfort.” An hour later, his driver took Josh (whose rep strongly denies the story) and Melissa to a private location. “They didn’t seem to have a care in the world,” the witness adds.

For full details, plus exclusive photos of Josh and Melissa, check out this week’s issue of In Touch Weekly, on newsstands Wednesday!

[From In Touch received via e-mail]

The only photo In Touch has on their website for this story is a blurry far away picture of Josh laughing while a woman rests her head on his shoulder. It could have been someone he worked with and/or a picture caught at the right moment of a otherwise innocent exchange. This story is all a bit vague – Josh took someone to a “private location” and they both were seen leaving the next day. I guess I’ll have to reserve judgment until I get access to In Touch on Thursday, but what’s a “private location”? Why didn’t they just say “hotel”? It’s all circumstantial, but are the circumstances compelling enough to suggest he cheated? Is this the best photo In Touch has of Josh supposedly cheating? Maybe something is going on there, but I’m not yet convinced.

Josh and Diane are shown out on 3/30/09. Credit: Fame Pictures and WENN.com