Halle Berry’s ex, Olivier Martinez, has filed a petition for a temporary restraining order against the actress, alleging that she physically abused their 12-year-old son, Maceo, and caused him emotional and mental distress.
According to court documents, Martinez, 60, is also seeking sole custody of their son. He alleges that an incident on Saturday, September 26, 2026, involved Berry jumping on Maceo, placing her hands around his neck and choking him.
“While the September 26, 2026, incident in which Petitioner choked our son is the latest incident of abuse, I contend that there have been other instances of abuse over the course of the last few years,” Martinez alleged in the filing.
He further claimed that those incidents included other alleged physical attacks involving Maceo, as well as verbal and emotional abuse directed at him.
Martinez’s attorney, Patrick Baghdaserians, said his client’s primary concern was the child’s safety and welfare. He said that concern prompted Martinez to seek a domestic violence restraining order.
“The second concern would be for mother to get the appropriate help that she needs to address her issues so she can better herself, which would in turn help the minor child moving forward,” Baghdaserians said.
The attorney described Martinez as a loving parent who has tried to do what he believes is best for his son. He acknowledged that disputes can be particularly difficult in co-parenting relationships but said the immediate focus was protecting Maceo.
Berry’s attorney, Marina Beck, strongly rejected the allegations. In a statement shared with PEOPLE, Beck called Martinez’s filing “entirely meritless and deliberately misleading.”
“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said. She added that Berry was deeply saddened by the situation but would continue to fight for what she believes is in Maceo’s best interests.
Martinez’s filing gives his account of what allegedly happened on September 26. He claimed that Maceo called him and asked him to come and pick him up, saying that Berry had physically attacked him and that it was not the first such incident.
Martinez alleged that during an argument between Berry and her son, Berry grabbed Maceo by the neck and began choking him while shouting, “Who is dominant now?! Who is dominant?”
He also stated that Berry’s fiance, Van Hunt, was present during the alleged confrontation and was “fair” while defending Maceo.
The court filing also refers to text messages between Berry and Martinez. In one message, Berry allegedly complained that Maceo was disrespectful toward her and believed she had no authority over him.
Martinez also said he told Berry that Maceo wanted him to come and pick him up and asked whether she was comfortable with that. According to the filing, Berry responded that she was not and questioned what kind of child they were raising.
Martinez alleged that he had previously raised concerns about conflict between Berry and Maceo. He told her that he believed she argued with their son too often and had been doing so for some time.
The filing further alleges that Berry minimized some of the incidents by describing them as joking or playing. Martinez specifically referred to Berry’s MMA training, claiming that she would place Maceo in chokeholds and expect him to “tap out.”
The allegations have not been established as facts in court, and Berry’s attorney has disputed Martinez’s account.
Berry and Martinez have been involved in a lengthy co-parenting arrangement since their divorce. The former couple finalized their divorce in 2023 after nearly eight years of proceedings. Their custody agreement provides for joint legal custody of Maceo.
Under the terms of the settlement, Berry agreed to pay Martinez $8,000 a month in child support, along with an additional 4.3 percent of income she receives above $2 million. She was also ordered to cover expenses connected to Maceo’s private education, including tuition, uniforms and school supplies, as well as extracurricular activities. The agreement also required Berry to reimburse Martinez for certain expenses from the 2023/2024 school year.
Berry is also the mother of 18-year-old daughter Nahla, whom she shares with her former partner Gabriel Aubry.
The latest court filing places the former couple’s custody dispute back under legal scrutiny, with Martinez seeking sole custody while Berry’s legal team maintains that the allegations against her are without merit.
