A Los Angeles judge granted a temporary restraining order against Halle Berry on October 1, 2026, after her ex-husband Olivier Martinez filed for sole custody and a domestic-violence restraining order. Under the temporary order, primary physical custody of their son Maceo now sits with Martinez, pending a hearing scheduled for October 16.
Image: The White House (public domain), via Wikimedia Commons.
What Martinez alleges
According to court documents, Martinez filed in Los Angeles Superior Court on October 1, 2026, seeking sole custody of 12-year-old Maceo and a domestic-violence restraining order. Martinez alleges that Berry physically abused their son during a September 26, 2026 incident — claiming, per the filing as reported by USA Today, that she "jumped on him, put her hands around his neck and choked him." Martinez further claims that Maceo called him asking to be picked up, and alleges additional prior instances of physical, verbal and emotional abuse. None of these claims have been established in court; they remain allegations only.
The judge granted the temporary order the same day. According to reports, Berry must stay 100 yards away from Martinez; Martinez holds primary physical custody pending the October 16 hearing; and Berry's visitation is limited — two days a week plus alternate weekends, per Page Six.
Berry's denial
Berry's attorney Marina Beck called the filing "entirely meritless and deliberately misleading," according to People, USA Today and Page Six. Beck claims Martinez has repeatedly violated court orders and interfered with Maceo's therapeutic and educational care, says he was legally sanctioned, and alleges a history of what she described as "erratic, possessive and violent behavior."
Their custody history
Berry and Martinez met on the set of Dark Tide (2012), married in July 2013 and welcomed Maceo in October 2013. They separated in 2015, and the divorce was finalized in 2023 after an eight-year legal battle. They share joint legal custody; Berry pays $8,000 a month in child support plus 4.3% of her income above $2 million, and the court ordered co-parenting therapy in 2024.
Berry won the Academy Award for Monster's Ball (2001), becoming the first Black woman to win Best Actress. Her credits include X-Men, Catwoman and John Wick: Chapter 3, and she stars in the 2024 Lionsgate film Never Let Go.
Frequently asked questions
What did Martinez allege?
Martinez alleges Berry physically abused their 12-year-old son Maceo during a September 26, 2026 incident, and claims prior instances of physical, verbal and emotional abuse. These are allegations in a court filing; they have not been proven in court.
What has Berry said?
Through attorney Marina Beck, Berry denied the claims, calling the filing "entirely meritless and deliberately misleading" and accusing Martinez of violating court orders and interfering with Maceo's care.
Who has custody now?
Under the temporary order, Martinez holds primary physical custody of Maceo, with Berry's visitation limited to two days a week plus alternate weekends, according to reports.
When is the hearing?
A hearing on the restraining order and custody is scheduled for October 16.
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