Halle Berry is facing a new legal development involving her 12-year-old son, Maceo, after her former husband, Olivier Martinez, accused the actress of physically abusing their child and sought sole custody.
The French actor reportedly filed a petition for a temporary domestic violence restraining order against Berry following an alleged incident on September 26, 2026.
Martinez claimed in court documents that the actress grabbed their son’s neck and choked him during an argument at her home.
The allegations have been strongly rejected by Berry’s legal team, which described the filing as “entirely meritless and deliberately misleading.”
The dispute has now taken another turn. Reports published on October 2 say a Los Angeles County judge granted Martinez a temporary restraining order on October 1, with changes to Berry’s visitation arrangements pending a further hearing.
Here are five important details about the developing Halle Berry restraining order dispute.
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1. Olivier Martinez Accuses Halle Berry of Physically Abusing Their Son
According to Martinez’s court filing, the alleged incident happened on Saturday, September 26, while Maceo was at Berry’s home.
The actor claimed that their son contacted him and asked to be picked up, alleging that Berry had physically attacked him.
Martinez alleged that during an argument, Berry grabbed Maceo by the neck and began choking him while shouting:
“Who is dominant now?! Who is dominant?”
He further claimed that the September 26 incident was not the first time their son had experienced physical aggression.
In his filing, Martinez alleged that there had been other incidents over the past several years involving physical attacks against Maceo, as well as verbal and emotional abuse directed at him.
These are allegations contained in a court filing and have not been established as facts.
2. Martinez Requests Sole Custody of 12-Year-Old Maceo
The allegations form part of Martinez’s request for a temporary restraining order and sole custody of their son.
The actor said his primary concern was Maceo’s health, welfare and safety.
His lawyer, Patrick Baghdaserians, also spoke about the reasons behind the legal action.
He said:
“My client’s paramount concern is the health, welfare and the safety of the minor child, hence the action that he took in court by filing the request for domestic violence restraining order.”
The lawyer added that another concern was for Berry to receive appropriate help, which he argued could benefit their son.
Baghdaserians described Martinez as a loving parent who had tried to do his best for the child.
3. Halle Berry’s Lawyer Strongly Rejects the Allegations
Berry’s legal team has disputed Martinez’s account of events.
In a statement shared with PEOPLE, her attorney, Marina Beck, described the filing as “entirely meritless and deliberately misleading.”
Beck said:
“To say this filing is entirely meritless and deliberately misleading would be an understatement.”
She added that Berry was deeply saddened by the situation but would not allow the legal dispute to stop her from fighting for Maceo’s best interests.
The lawyer also said Halle Berry remained committed to providing their son with the love and support he needed.
The opposing statements show that the former couple have sharply different accounts of the events leading to the court application.
4. Van Hunt Was Allegedly Present During the Incident
Another detail in Martinez’s filing concerns Berry’s fiancé, musician Van Hunt.
Martinez alleged that Hunt was present during the September 26 incident and described him as being fair while defending Maceo.
The filing also included alleged text exchanges between Berry and Martinez concerning their son’s behaviour and the disagreement.
In one message attributed to Berry, she reportedly complained that Maceo was disrespectful towards her and felt she had no authority as his mother.
She allegedly wrote:
“He is disrespectful to me and feels I have no say on anything. I’m just money bags! This is wrong and wrong!”
In another exchange, Martinez reportedly asked Berry whether she was comfortable with him picking up Maceo.
According to the filing, Halle Berry replied that she was not comfortable with the arrangement.
The messages form part of Martinez’s account and should be understood in that context.
5. Judge Grants Temporary Restraining Order
The legal dispute took a significant turn after reports emerged that a Los Angeles County judge granted Martinez’s request for a temporary restraining order on October 1.
The temporary order reportedly covers Martinez and Maceo and changes Berry’s visitation arrangements.
According to reports, Berry’s visits were temporarily set for Mondays, Tuesdays, Saturdays and Sundays, between 10 a.m. and 8 p.m.
The arrangement is temporary, with a further court hearing scheduled for October 16 to consider the matter.
The order does not establish that Martinez’s allegations are true or amount to a final custody decision. It is an interim court measure while the dispute continues.
What Happens Next in the Halle Berry Custody Dispute?
The latest development has placed the former couple’s co-parenting arrangements under renewed legal scrutiny.
Martinez is seeking sole custody, while Berry’s attorney has rejected the allegations and maintained that the actress will continue fighting for her son’s best interests.
The next reported court hearing on October 16 is expected to provide further direction on the temporary arrangements.
For now, the central issue remains the welfare of Maceo, as both parents face a difficult legal dispute over his care and custody.
Neither the allegations nor the competing accounts should be treated as a final determination of what happened. The court proceedings will determine how the dispute moves forward.
