A Los Angeles County judge granted a temporary restraining order against Halle Berry on October 1st after her ex-husband, Olivier Martinez, accused the actress of choking their 12-year-old son and asked the court to give him sole custody.
Martinez filed the request in Los Angeles Superior Court on Oct. 1, 2026, over an alleged Sept. 26 confrontation at Berry's home. A judge granted a temporary order requiring Berry to stay 100 yards away from Martinez and limiting her visitation with Maceo to specific hours on Mondays, Tuesdays, and weekends (10 a.m. to 8 p.m.) pending a scheduled October 16 hearing. She must remain sober in his presence and submit to sobriety testing before, during or after visits if required under the order.
Berry, 60, has denied the allegations through her attorney, who called Martinez's filing "entirely meritless and deliberately misleading." The judge, however, declined Martinez’s request to prevent Berry from having contact with Maceo altogether amid his request for sole custody.
In his request, Martinez alleged that Berry “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him” during a Sept. 26 incident.
Per Martinez's declaration, Maceo called him on the night of Sept. 26 and asked to be picked up from Berry's home. Martinez claims he heard his son panicking and Berry yelling in the background.
Martinez alleges the dispute began while Maceo was playing a virtual reality game in his bedroom. He claims Berry entered the room, criticized their son, and began pushing him before the confrontation escalated. Martinez alleges Berry then grabbed Maceo around the neck and choked him.
Martinez said Maceo got away and continued asking his father to pick him up. When Martinez arrived, he claims their son left Berry's home with his belongings.
The filing includes text messages Martinez says were exchanged with Berry after the confrontation. In one message attributed to Berry the following morning, she wrote, "I feel terrible about what happened last night as I know he does as well."
Martinez also alleges there were earlier incidents involving physical, verbal, and emotional abuse, including occasions when Berry put Maceo in chokeholds. He is seeking sole legal and physical custody and restrictions on Berry's contact with their son.
Berry's attorney, Marina Beck, rejected Martinez's account and pointed to the former couple's previous disputes over their son's care.