French actor Olivier Martinez secured a temporary restraining order against Halle Berry in Los Angeles Superior Court after alleging the Oscar-winning actress physically and emotionally abused their son Maceo during an incident on September 26.
The legal filing, brought by Martinez and approved by a judge on October 1, includes allegations that Berry choked and jumped on the boy after becoming angry over him wearing virtual reality goggles while playing a game according to documents obtained by People magazine and TMZ. Martinez is seeking sole custody of their child, alongside a requirement that Berry undergo sobriety testing before and after visits as reported by Fox News.
Halle Berry Fights Restraining Order And Seeks Custody Return
Berry fired back through her legal representation, calling the petition meritless and deliberately misleading. Her attorney, Marina Beck, told the press that the actress is accustomed to outrageous conduct from her ex and will not let it deter her from fighting for her son’s best interests.
In a declaration filed on October 5 in Los Angeles Superior Court, Berry strongly denied any wrongdoing and asked the court to reinstate their August 2023 50-50 custody agreement which was finalized after an eight-year divorce process following their 2015 split.
“I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence. I am not a perpetrator of violence. I would never hurt our child.”
Halle Berry, via People
Her fiancé, Van Hunt, went upstairs during the argument to intervene between the two.
Under the terms of their finalized divorce judgment, Berry was previously ordered to pay Martinez $8,000 every month in child support alongside 4.3 percent of any personal income she receives that exceeds $2 million. The former couple originally married in France in July 2013 before welcoming their son later that same year in October.
Court records indicate that the actress has previously expended upwards of $200,000 covering legal fees associated with their ongoing custody battles. Following the issuance of the temporary protective order, Berry stated that she was prohibited from communicating with Maceo on the date marking his thirteenth birthday.
Nahla Aubry Files Statement Defending Her Mother
Berry’s 18-year-old daughter, Nahla Aubry, whom she shares with ex Gabriel Aubry, submitted a sworn statement to the Los Angeles Superior Court supporting her mother and stating she had never witnessed any violence in the household.
“I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way.”
Nahla Aubry, via Page Six
Nahla added that she had frequently observed her mother and brother playfully wrestling and tickle each other on the floor without anyone getting hurt or crying.
Court Prepares For October 16 Hearing On Visitation Terms
Legal counsel for Martinez, Patrick Baghdaserians, stated that the actor’s paramount concern is the health, welfare and the safety of the minor child
while also asking that Berry receive appropriate help. Meanwhile, Berry’s court documents alleged that Martinez attempts to align their son against her and that Maceo frequently returns from his father’s care angry and combative.
Under the temporary order granted by the judge, Berry is restricted to visitation on Mondays, Tuesdays and weekends between 10 a.m. and 8 p.m. until an upcoming court hearing scheduled for October 16 where both parties will address the restraining order and visitation terms, following their 2015 split.