Olivier Martinez filed for a domestic violence restraining order and sole custody of his 12-year-old son, Maceo, in Los Angeles Superior Court on Thursday, Oct. 1, 2026, accusing Halle Berry of choking the boy during a September 26 dispute. A judge granted a temporary restraining order and primary custody pending an October 16 hearing.
The legal filing details an escalating dispute that began in a bedroom over a virtual reality video game. Olivier Martinez stated in court documents that his son Maceo made a frantic phone call to be picked up from Halle Berry’s home after the confrontation on September 26, according to documents obtained by USA TODAY. The French actor subsequently petitioned the Los Angeles Superior Court for emergency relief, seeking sole custody and a domestic violence restraining order to protect both himself and the 12-year-old.
A judge acted swiftly on the emergency request. The court granted a temporary restraining order requiring Berry to remain 100 yards away from Martinez. The Monster’s Ball actress also lost 50/50 physical custody of Maceo for the interim period, with her access restricted to court-ordered daytime visits two days a week and every other weekend ahead of a scheduled hearing on October 16.
The September 26 Incident at Berry’s Home
According to the court filings, the altercation erupted while Maceo was in his bedroom playing a game using virtual reality goggles. Martinez stated that Berry entered the room and began pushing the pre-teen in what the boy initially believed was intended as a joke. When Maceo asked his mother to stop so he could finish the game, the situation deteriorated.
The filing claims Berry told her son that he looked so stupid
and was such an idiot
for playing with the goggles. Martinez asserted that the actress physically assaulted their son, Maceo, by leaping on him and placing her hands around his neck to choke him while screaming, Who is dominant now?! Who is dominant?
Following the confrontation, Maceo contacted his father and asked him to come pick him up immediately. When Martinez arrived at the residence, Berry’s fiancé, Van Hunt, was present, according to the court record. In text messages included in the filing, Maceo asked his dad to “come pick [him] up right now” after the alleged incident. Martinez stated that a frightened Maceo phoned him for a ride following the supposed event, noting that the boy is “traumatized” and no longer wishes to visit his mother’s residence. He further alleged that Berry sent him a text the following day stating, I feel terrible about what happened last night as I know he does as well.
Martinez expressed “significant concerns” regarding Berry’s “alcohol abuse” and mental health, which he believes “have contributed to her abusive conduct.”
Prior Allegations and Past Disagreements in Court Filings
The newly filed documents extend far beyond the September incident, outlining a history of friction between the former couple, who were married in July 2013, welcomed Maceo in October 2013, separated in 2015, and finalized an eight-year divorce battle in 2023. Under that 2023 agreement, the pair shared joint legal and physical custody, with Berry ordered to pay $8,000 a month in child support alongside 4.3 percent of any income exceeding $2 million. Berry was also required to cover any related educational expenses and the cost of Maceo’s private school tuition.
Martinez claimed that the choking incident was not isolated. He asserted that Berry has put their son in choke holds that she learned while training in mixed martial arts. Aubry and Martinez also fought on Thanksgiving Day in 2012 outside Berry’s house while Aubry was dropping off their daughter.
Martinez also accused Berry of causing emotional harm by making racially charged statements during child support disputes in 2023. He claimed the Oscar winner told their son that his father was a white b—h trying to rob a black woman
and asked the child how he felt about that as a Black man.
Berry Legal Team Denies Accusations Against Her
Berry’s legal team fired back immediately, strongly denying the accusations and turning the focus onto Martinez’s past conduct. Marina Beck, an attorney representing Berry, issued a sharply worded statement to media outlets, calling the filing entirely meritless and deliberately misleading.
“To say this filing is entirely meritless and deliberately misleading would be an understatement. There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry’s minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned.”
Marina Beck, Attorney for Halle Berry, via Page Six
Beck also characterized Martinez’s legal action as predictable behavior from an individual with a documented history of erratic and possessive actions, adding that Berry remains focused on fighting for her son’s best interests. Meanwhile, Martinez’s attorney, Patrick Baghdaserians, emphasized that his client is solely motivated to protect the minor child
and hopes that the opposing party gets the help she desperately needs.
As part of the emergency orders issued by the court, both parents have been ordered to participate in confidential mediation to discuss long-term custody arrangements. The temporary protective order also mandates that Berry must remain sober during visitation periods and submit to sobriety testing before, during, or after seeing her son.
In the U.S., anyone seeking help can call the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788.