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Halle Berry is denying allegations by her ex-husband Olivier Martinez that she physically abused their 13-year-old son, Maceo, as the former couple heads toward an Oct. 16 court hearing over custody and a restraining order.
Martinez has asked for sole legal and physical custody of Maceo and a restraining order against Berry, alleging she was violent toward their son during a Sept. 26 incident and claiming a history of abuse, according to court documents obtained by CBC News.
A Los Angeles Superior Court judge granted a temporary restraining order on Oct. 1, restricting Berry’s parenting time and ordering her to stay 100 yards from Martinez until the hearing. The judge denied Martinez’s request that Berry’s sobriety be monitored, citing insufficient information.
Berry has denied the allegations, calling them “absolutely false” and stating that she has “never physically, emotionally or otherwise abused Maceo.” She described the Sept. 26 incident as playful roughhousing that escalated into an argument and is asking the court to restore their 50-50 custody arrangement.
Berry and Martinez married in 2013, welcomed Maceo later that year and finalized their divorce in 2023 with a joint custody arrangement.
Actors Olivier Martinez, left, and Halle Berry attend the premiere of the CBS science-fiction drama Extant at the California Science Center in Los Angeles in June 2014. (Mark Davis/Getty Images)
Here’s how the legal battle has unfolded
Oct. 1: Martinez seeks restraining order, sole custody
Martinez files a request for a temporary restraining order covering both himself and Maceo, writing that he needed protection because Berry “physically abused our son by jumping on him and choking him” on Sept. 26.
He also asked the court to modify their 50-50 custody arrangement and require Berry to undergo sobriety monitoring.
In his declaration, viewed by CBC News, Martinez says he received a frantic call from Maceo asking to be picked up and could hear Berry yelling in the background.
He alleges the confrontation began while Maceo was playing a game in his bedroom and that Berry pushed him before grabbing him around the neck and choking him. Martinez also alleges “there have been other instances of abuse over the course of the last few years.”
His filing references text messages between him and Berry, including one in which she says: “I feel terrible about what happened last night as I know he does as well.”
Oct. 3: Nahla defends her mother
Nahla, Berry’s 18-year-old daughter with ex-partner Gabriel Aubry, filed a declaration defending her mother.
“I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way,” Nahla wrote in a declaration.
Halle Berry speaks during SiriusXM’s Front Row Series with the cast of Crime 101 at SiriusXM Studios in New York City in February 2026. (Jamie McCarthy/Getty Images for SiriusXM)
Berry pushes back
Oct. 4: Berry challenges allegations
Berry’s lawyer submitted court documents disputing Martinez’s allegations and pointing to what Berry described as previous violations of court orders and legal sanctions involving their son’s needs.
Berry’s legal team also says video evidence contradicts Martinez’s account.
Oct. 5: Berry gives her account
Berry filed a declaration directly denying Martinez’s allegations and describing what she says happened on Sept. 26.
“I have never physically, emotionally, or otherwise abused Maceo,” Berry wrote. “I am a victim of domestic violence, and I help victims of domestic violence.” She added: “I am not a perpetrator of violence. I would never hurt our child.”
She said she went into Maceo’s room to tell him it was time to stop playing a game and began recording him when he continued.
Berry said that when Maceo noticed her filming, he grabbed her phone and they began “playfully roughhousing,” something she says they “frequently do.”
She denied putting her hands around Maceo’s neck, choking him or restricting his breathing.
Berry said Maceo then “unexpectedly” became upset “after the playfulness ended” and pushed her. Then she tried to take his gaming headset off. She said her fiancé, Van Hunt, got between them before Maceo said he would call his father and leave the house.
Berry said that while Maceo “may not always like the rules I set,” he requires “structure and continuous contact with his mother rather than a separation resulting from cruel, manufactured claims.”
Berry is asking the court to restore the previous 50-50 custody arrangement.
The next hearing is scheduled for Oct. 16, when the court is expected to consider whether the temporary restrictions should remain in place or be changed.
