Halle Berry is pushing back against serious allegations from ex-husband Olivier Martinez after a Los Angeles County judge granted him a temporary restraining order and temporarily changed the former couple’s custody arrangement.
Martinez filed court papers on October 1 accusing Berry of physically abusing their 12-year-old son, Maceo, during an alleged September 26 confrontation at her home. According to PEOPLE, Martinez alleges Berry jumped on their son, put her hands around his neck and choked him. He is also asking the court for sole custody.
A judge granted temporary protection covering Martinez and Maceo while allowing Berry to continue limited court-ordered contact with her son. The order remains in effect pending an October 16 hearing and does not represent a final determination that Martinez’s allegations are true.
Berry denies his account. Her attorney Marina Beck told TMZ that the filing was “entirely meritless and deliberately misleading” and accused Martinez of previously violating court orders and interfering with therapeutic and educational decisions involving Maceo.
The Judge Restricted Berry’s Visitation but Did Not Cut Off Contact
The temporary order changes the parents’ previous custody arrangement while the court considers Martinez’s claims. PEOPLE reported from court records that Berry’s current time with Maceo is limited to specified daytime visits on Mondays and Tuesdays and during designated weekend periods.
The judge declined Martinez’s request to completely eliminate contact between Berry and her son. The court said limited visitation should continue so the two could maintain communication while the dispute is considered further.
Martinez had also requested sobriety monitoring in connection with Berry’s visits. The judge denied that portion of the request, finding that there was insufficient information to justify it. The former spouses have additionally been ordered to participate in confidential mediation over custody before the next hearing.
Martinez Says the September 26 Dispute Became Physical
Martinez’s filing centers on an alleged confrontation at Berry’s home on September 26. He says Maceo contacted him during the dispute and asked to be picked up, after which Martinez says his son described a physical altercation with his mother.
According to court documents reviewed by PEOPLE and Entertainment Weekly, Martinez alleges Berry grabbed their son around the neck and restricted his breathing. Berry’s fiancé, musician Van Hunt, was reportedly at the home at the time.
Martinez also alleges the incident was not isolated and includes other accusations about Berry’s behavior in his filing. Those remain allegations in an active family-court proceeding and have not been established as factual findings at a final hearing.
Messages included with the filing show Berry expressing regret about the conflict afterward. PEOPLE reported that she wrote that she “felt terrible” about what happened. That message acknowledges that a serious dispute occurred but does not, by itself, amount to an admission of the specific physical conduct Martinez alleges.
Berry’s Attorney Calls Martinez’s Filing ‘Entirely Meritless’
Berry responded through Beck after Martinez’s allegations became public. “To say this filing is entirely meritless and deliberately misleading would be an understatement,” the attorney told Fox News Digital.
Beck said there is extensive evidence, including previous judicial rulings, concerning Martinez’s compliance with court orders and his handling of therapeutic and educational decisions involving Maceo.
Beck also made allegations of her own about Martinez’s behavior and said Berry would continue fighting for what she believes is in Maceo’s best interests. Martinez’s attorney, Patrick Baghdaserians, has presented the filing differently, telling PEOPLE that his client’s priority is their son’s health, safety and welfare and that Martinez wants Maceo to maintain an appropriate relationship with his mother.
The Custody Conflict Predates the New Allegations
The October filing represents a major escalation, but Berry and Martinez were already involved in a prolonged dispute over parenting decisions. Their 2023 divorce settlement gave them joint custody of Maceo after nearly eight years of divorce proceedings.
The Los Angeles Times, citing the dissolution agreement, reported that the parents shared decision-making authority over matters including school, medical care and counseling. Berry was also ordered to pay $8,000 per month in child support, plus 4.3% of income above $2 million, and cover several of Maceo’s education and health expenses.
By May 2024, a court had ordered the former spouses to participate in co-parenting therapy. Entertainment Tonight reported that the sessions were intended to help them resolve disputes in a way that served Maceo’s interests.
The conflict escalated again that August when Berry sought sole legal custody, or alternatively tie-breaking authority over education and mental-health treatment. Martinez disputed her allegations and accused her of presenting a false account of their parenting conflict, according to The Los Angeles Times.