Halle Berry has successfully challenged a domestic violence restraining order sought by her ex-husband, Olivier Martinez, but she still cannot have overnight visits with their son. A Los Angeles judge dissolved the temporary order on Thursday, October 29, while keeping the existing parenting restrictions in place.
Superior Court Judge Shelley L. Kaufman found that Martinez had not met the required burden of proof for a longer-lasting protective order, according to the Los Angeles Times.
Martinez had requested protection for himself and their 13-year-old son, Maceo, following allegations about a September confrontation at Berry’s home. The actress has denied physically or emotionally abusing their son.
The former spouses’ long-term parenting arrangement remains unresolved. Further consideration of custody is expected in November.
Berry Leaves Court as Her Daytime Visitation Schedule Continues
Berry was photographed leaving the downtown Los Angeles courthouse with her fiancé, musician Van Hunt, after Thursday’s ruling. She smiled outside the building, while Martinez departed separately.
“We are extremely pleased that the Court has dissolved the TRO,” Berry’s attorney, Marina Beck, told Us Weekly. Beck added that the actress remained focused on her family’s well-being and best interests.
The continuing schedule permits Berry to see Maceo on Mondays and Tuesdays between 10 a.m. and 8 p.m. She also has visits on alternating weekends, with both Saturday and Sunday visits during those same hours. Existing provisions concerning holidays and vacations remain effective.
Martinez retains primary physical custody under the interim arrangement established earlier in October. That concerns where Maceo spends his time; the former spouses still share legal custody, which covers decisions about his upbringing, including education and medical care.
Berry’s representative also told TMZ that she retains tie-breaking authority in certain decisions when the parents cannot agree. That does not change the limits on her parenting time.
The couple’s divorce settlement had established joint legal and physical custody, with parenting time divided equally between them.
Berry Disputed Martinez’s Account of the September Incident
Martinez’s petition centered on an alleged September 26 incident involving Berry and Maceo. He claimed their son contacted him after an argument involving a virtual reality game and alleged that Berry had grabbed the teenager around the neck and choked him.
Berry disputed that account in court papers filed October 5. She said they had been playfully wrestling before an argument developed, and specifically denied putting her hands around Maceo’s neck or restricting his breathing.
In her declaration, Berry also referred to her experience as a domestic violence survivor and said she would never hurt her child.
The judge initially granted temporary protection on October 1 while allowing continued contact between mother and son. Martinez’s request for sobriety monitoring was denied at that stage because the judge found insufficient information.
Maceo Testified Behind Closed Doors During the Hearings
Nearly two weeks of testimony followed. Maceo appeared before the judge on October 19 in a closed session that lasted nearly four hours, with both parents excluded from the courtroom. His testimony remains sealed.
Berry had opposed requiring him to testify, arguing that it would put him in the middle of his parents’ dispute. As Wealth of Geeks previously reported, she accused Martinez of influencing their son’s account. His attorney, Patrick Baghdaserians, rejected that accusation and argued that Maceo should be heard.
Berry’s 18-year-old daughter, Nahla Aubry, submitted a declaration saying she had never witnessed her mother physically abuse her younger half-brother. Her statement concerned her years living with the family; she did not claim to have witnessed the September encounter.
Hunt also provided evidence concerning the confrontation. Berry identified him as an adult eyewitness and asked that his observations be considered alongside the other testimony.
Martinez Says He Wants Mother and Son to Reconcile
Speaking outside the courthouse, Martinez told Extra that he hoped his son and Berry could rebuild their relationship.
“I don’t want my son to hate his mom. I want him to love her. I want him to forgive her,” he said.
Martinez also said he wanted peace for Maceo and described the proceedings as difficult for the family.
Baghdaserians welcomed the continuing parenting restrictions and told ABC News that Martinez’s priority was his son’s welfare. He characterized the outcome as focused on the child.
A Deleted Instagram Story Prompted a Last-Minute Courtroom Dispute
Shortly before the ruling, the parents’ legal teams clashed over an Instagram Story that appeared on Berry’s account on October 26. The message suggested that a child’s disrespect toward their mother could originate in their relationship with their father.
Martinez’s attorney sought to reopen evidence so Berry could be questioned about the post. He argued that it disturbed his client’s peace while the temporary restraining order was still in effect.
Sources close to Berry told TMZ that she had not published the Story herself and that a possible account compromise was being investigated. That explanation was not independently established. The post was subsequently removed.
Beck challenged the effort to introduce the post, describing it as a last-minute attempt to advance Martinez’s position. Kaufman denied the request to reopen evidence, and the proceedings moved toward a decision without additional testimony about the Story.
Berry and Maceo Must Attend 12 Joint Therapy Sessions
The October 29 minute order directs Berry and Maceo to complete 12 sessions of safe haven joint therapy within six months after a therapist is appointed.
That requirement is separate from the co-parenting therapy ordered for Berry and Martinez in 2024. Subsequent filings included disagreements about compliance with those sessions, education and other decisions concerning Maceo’s care.
Berry and Martinez married in July 2013 after meeting on the set of Dark Tide. They separated in October 2015, but their divorce was not finalized until August 2023.
The next hearing, scheduled for November 4, concerns the appointment of the therapist who will work with Berry and Maceo.