Judge grants Olivier Martinez restraining order against Halle Berry

A Los Angeles County judge granted a temporary restraining order against Halle Berry on Thursday after her ex-husband, the actor Olivier Martinez, accused her of choking their 12-year-old son and asked the court for sole custody.

Under the order, Berry must stay 100 yards from Martinez, TMZ reported, though the court did not block her from her son and left her unsupervised visitation in place. Her contact with Maceo is limited to court-ordered visitation, two days a week and every other weekend, until the Oct. 16 hearing.

What the petition alleges

Martinez alleges that on Sept. 26 Berry walked into their son's bedroom while the boy played a game in virtual reality goggles and told him he looked "so stupid" and was "such an idiot." The petition, quoted by Variety, says she then "physically abused our son Maceo, by jumping on him, putting her hands around his neck and choking him."

While she choked him, Berry shouted, "Who is dominant now?! Who is dominant?!" Martinez wrote in documents obtained by Page Six. Maceo called his father after the confrontation and asked him to "come pick [me] up right now," then texted, "Are u here please come." Martinez said he could hear his son panicking and Berry yelling in the background.

Berry's fiancé, Van Hunt, was at the house when it happened, Martinez says. He claims Berry at first refused to let him collect Maceo, and that when he arrived Hunt had "a shocked look on his face and did not respond" to his questions, according to the petition obtained by Entertainment Weekly. The boy left with his belongings.

The filing includes a text message Martinez says Berry sent the next morning: "I feel terrible about what happened last night as I know he does as well." He wrote that he does not want to end the relationship between Berry and their son, but does not believe the two should interact until she takes accountability for her actions.

Berry's lawyer calls it meritless

Berry denies the allegations. Her attorney, Marina Beck, said in a statement to Fox News Digital that there is evidence, including judicial rulings, that Martinez repeatedly violated court orders and interfered with therapeutic and educational work involving Maceo, misconduct for which she said he has already been legally sanctioned.

To say this filing is entirely meritless and deliberately misleading would be an understatement ... Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo's best interests and providing him with the love and support he needs.

Beck's statement did not name specific incidents involving Martinez, TMZ noted. In 2012, Berry's then-boyfriend Gabriel Aubry accused Martinez of threatening to kill him and attacking him during a Thanksgiving dispute tied to Berry and Aubry's daughter, Nahla, and came away from the fight with injuries. Berry's side denied that account at the time and said Aubry was the aggressor.

Martinez's attorney, Patrick Baghdaserians, told Entertainment Weekly that his client is "solely motivated to protect the minor child" and said he hopes "the opposing party gets the help she desperately needs."

Martinez wrote that he believes Maceo "may be traumatized by the incident" and does not want to spend time at Berry's house. He is seeking sole legal and physical custody and orders keeping Berry away from him and the boy, and asked the court to bar her from being under the influence of alcohol or other substances during visitation and to require sobriety testing before, during or after visits. The judge denied the request to monitor her sobriety, citing insufficient information, People reported.

Earlier incidents in the filing

Martinez describes what he calls a pattern. "This is not the first time Petitioner has physically attacked our son," he wrote, alleging that Berry had wrestled Maceo to the ground and forced him to "tap out" over the past year and a half, that earlier episodes included chokeholds, and that she had described them as "just joking or playing with him."

Martinez wrote that the attacks had reached the point where Maceo told him, "The next time she does that, I'm going to kick her ass."

In an allegation tied to a child support dispute, Martinez says Berry told their son that Martinez is "a white bitch trying to rob a Black woman," then asked the boy, "How do you feel about that as a Black man?" He also states in the documents that he is concerned about Berry's mental health and alcohol abuse, which he says have contributed to her conduct.

The petition reaches back further. Martinez alleges Berry struck him in the face five years ago and, about 10 years ago, threw a plate with a knife and fork on top of it during a violent outburst, details TMZ reported from the documents.

Filed without advance notice

Entertainment Weekly, which obtained the filings, reported that the petition was lodged in Los Angeles Superior Court on Thursday with an ex parte notice, the notice to the opposing party that an emergency order is being sought. Martinez said he had not personally given notice to Berry, checking a box reading, "I was afraid that the violence would reoccur when I gave notice that I was asking for these orders."

A custody case since 2015

Berry and Martinez married in 2013, filed for divorce in 2015 after two years of marriage, and did not finalize it until 2023. Under the judgment they share legal and physical custody of Maceo, who splits his time between the two homes during the week and alternates weekends, with exceptions for certain holidays.

Berry pays $8,000 a month in child support, People reported, plus 4.3% of any income she makes above $2 million. She is responsible for the boy's private school tuition, all of his extracurricular activities and his health care. The judgment requires Martinez to take "reasonable action" to find work and contribute for Maceo.

In August 2024, Berry filed for sole custody of Maceo, then 10, accusing Martinez of "turbulent and detrimental behavior" that she said had left the boy with serious behavior and learning problems. She also sought authority to make certain decisions about his education and treatment. Martinez disputed her allegations, and the request was denied.

An earlier request for the court to intervene after Martinez stopped seeing an agreed co-parenting coach was also denied, though a judge later found merit in Berry's claim that he had failed to continue court-ordered co-parenting therapy. In 2024 filings, Berry said she had spent more than $200,000 in legal fees on the dispute, including $80,000 toward Martinez's costs, the New Zealand Herald reported.

What happens next

The former couple have been ordered into confidential mediation before the Oct. 16 hearing, TMZ reported. At that hearing the court can consider whether the temporary restrictions should continue, be changed or be lifted, and Martinez's request for sole legal and physical custody remains pending.

The temporary restrictions do not determine whether Martinez's allegations are true, and they stay in place while the custody dispute moves forward.

Berry, 60, won the Academy Award for best actress for her role as Leticia Musgrove in the 2001 film "Monster's Ball," and starred this year in the Amazon MGM Studios film "Crime 101." Martinez, also 60, is best known for "Unfaithful" and has been widely active in French cinema. Berry also has an 18-year-old daughter, Nahla, from a previous relationship.

Representatives for Berry did not respond to a request for comment from Variety, and representatives for Martinez did not immediately respond to one from Fox News Digital. Anyone affected by domestic violence can reach the National Domestic Violence Hotline at 1-800-799-7233.