Halle Berry and Ex-Husband Olivier Martinez’s Legal Battle Explained

Halle Berry and ex-husband Olivier Martinez are back in court in 2026, trading explosive allegations over the care of their 13-year-old son, Maceo.

Martinez was granted a temporary domestic violence restraining order against Berry on October 1, 2026, on behalf of himself and Maceo, after alleging the actress physically attacked and choked their child during an altercation one month prior.

The French actor was also granted temporary primary physical custody and sole overnight custody of Maceo following the emergency petition.

Berry has vehemently denied the claims, calling her ex’s filing “entirely meritless and deliberately misleading.”

Halle Berry Denies Ex Olivier Martinez’s Child Abuse Claims

Following a hearing on October 29, 2026, the restraining order against Berry was dismissed but further custody of Maceo has not been addressed.

Berry and Martinez met on the set of 2010’s Dark Tide, got married in July 2013 and welcomed Maceo later that year. They separated in October 2015 and were declared legally single in December 2016, though their divorce was not finalized until August 2023.

Scroll below for a complete breakdown of their custody dispute:

Olivier Martinez’s Abuse Allegations

According to a legal filing in Los Angeles Superior Court, Martinez alleged that Maceo called him on September 26, 2026, asking to be picked up from Berry’s home because she “physically attacked him and choked him.”

“While on the phone with our son, I heard him panicking and heard [Berry] still yelling at him in the background,” Martinez stated. “When I arrived [Berry] did not come out of the home but [her] partner assisted our son in carrying his bags to my car.”

Martinez also alleged that Berry had previously put Maceo in “choke holds” while training in “mixed martial arts,” and claimed Maceo appeared “traumatized” and did “not want to spend time” at Berry’s house.

Halle Berry Asks Court to Restore Custody Agreement, Says Ex Influences Son

Olivier Martinez Granted Temporary Restraining Order 

A judge granted Martinez’s request for a temporary restraining order on October 1, 2026, limiting Berry’s visitation with Maceo to Mondays, Tuesdays, Saturdays and Sundays from 10 a.m. to 8 p.m. The judge, however, denied Martinez’s request to monitor Berry’s sobriety, citing “insufficient information.” Martinez also asked the court to require Berry to undergo a psychological evaluation and drug and alcohol screenings.

“I do not want to permanently sever the relationship between our son and [Berry], but I do not believe that they should be interacting with each other until [Berry] can take sufficient accountability for her actions,” Martinez wrote in a court filing.

Halle Berry Responds to Olivier Martinez’s Accusations

Berry has denied the allegations, claiming in court documents of her own that she was blocked from contacting Maceo on his 13th birthday. In a court declaration, she described the incident from Martinez’s motion as “playfully roughhousing.”

“I put my arms around his waist, in an attempt to get my phone back and we engaged in the same type of playful wrestling that has occurred countless times before without incident,” she wrote. “Given Maceo’s neurodivergence issues, he is quite active and really likes this kind of wrestle play, which he often initiates. As we played, I never place[d] my hands around Maceo’s neck, I never choked him, never restrained his breathing, never told him to tap out, or yell, ‘Who is dominant now?’ as Olivier, who was not there, falsely claims.”

Berry’s team further argued that Martinez “quietly prepared in the shadows for a no-notice application.” In an October 14, 2026, filing, Berry alleged, “Olivier never contacted me to discuss the incident, never asked for my account of what occurred … I was absolutely blindsided by Olivier’s filing.”

The Fight Over Who Testifies

Martinez has argued Maceo “wants to speak with the court to provide his side of the story” and should be allowed to testify. He simultaneously filed to block Nahla Aubry — Berry’s 18-year-old daughter with former partner Gabriel Aubry — from being involved, arguing she “does not have any significant bearing on this case” and is “unquestionably biased.”

Berry has countered that testifying would harm Maceo, writing, “Requiring him to testify would place him at the center of an intensely emotional dispute between his parents.”

Martinez’s attorney, Patrick Baghdaserians, has since denied the accusations.

“The child is the primary victim here,” Baghdaserians told People. “Victims of abuse should be able to testify regarding the abuse inflicted upon them.”

Us has since confirmed that Maceo will be permitted to testify in court.

Halle Berry Says She’s Spent $200K Fighting Ex Olivier Martinez for Custody

Nahla Aubry Defends Her Mother

In a sworn statement to Los Angeles Superior Court, Nahla supported her mother.

“I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way,” she wrote in October 2026, adding that she was “shocked, very sad, and very upset” to learn of Martinez’s allegations. “In all my years living with my mom, I have never witnessed her act violently toward anyone.”

Halle Berry Gets Legal Win at Restraining Order Hearing

Us confirmed that Martinez’s request for a domestic violence restraining order against Berry was denied by a judge during a Los Angeles court hearing on October 29, 2026. Martinez’s temporary restraining order against the actress was also dissolved that same day.

“We are extremely pleased that the Court has dissolved the TRO,” Berry’s attorney, Marina Beck, told Us in a statement after the hearing. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”

A source familiar with the situation confirmed that the proceedings were not a custody hearing, explaining that the exes’ temporary custody arrangements from the TRO are still in place and will temporarily remain until another hearing at a later date.

This story was compiled with the help of AI tools and edited by journalists.