Halle Berry is refuting claims made by her former husband Olivier Martinez, who accused her of physically abusing their 13-year-old son, Maceo. This dispute arises as the pair prepares for a court hearing on October 16 concerning custody issues and a restraining order.
Martinez is seeking sole legal and physical custody of Maceo, alongside a restraining order against Berry. He alleges that she acted violently towards their son during an incident on September 26 and claims a pattern of abuse, as stated in court documents obtained by CBC News.
On October 1, a Los Angeles Superior Court judge issued a temporary restraining order that limits Berry’s parental rights and requires her to maintain a distance of 100 yards from Martinez until the upcoming hearing. The judge denied Martinez’s request for monitoring Berry’s sobriety, citing a lack of sufficient evidence.
Berry has firmly denied the accusations, labeling them as “absolutely false” and asserting that she has “never physically, emotionally or otherwise abused Maceo.” She described the incident on September 26 as playful roughhousing that escalated into a disagreement and is requesting the court to reinstate their previous 50-50 custody arrangement.
The couple married in 2013, welcomed Maceo later that same year, and finalized their divorce in 2023, establishing a shared custody agreement.
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)
Overview of the legal proceedings
October 1: Martinez files for restraining order and sole custody
Martinez requested a temporary restraining order for both himself and Maceo, claiming he needed protection because Berry “physically abused our son by jumping on him and choking him” during the incident on September 26.
He also sought to alter their 50-50 custody arrangement and requested that Berry be subjected to sobriety monitoring.
In a declaration seen by CBC News, Martinez reported receiving a frantic call from Maceo asking for a pickup and heard Berry shouting in the background.
He alleged that the confrontation began while Maceo was engaged in a game in his bedroom, claiming that Berry pushed him before grabbing him by the neck and choking him. Martinez also stated that “there have been other instances of abuse over the course of the last few years.”
His filing included text messages exchanged between him and Berry, one of which contained her expressing: “I feel terrible about what happened last night as I know he does as well.”
October 3: Nahla supports her mother
Nahla, Berry’s 18-year-old daughter from her previous relationship with Gabriel Aubry, submitted a declaration in defense of her mother.
“I have never witnessed my mom hit, slap, choke, grab, or physically abuse Maceo in any way,” Nahla stated in her 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 responds
October 4: Berry contests allegations
Berry’s attorney filed court documents challenging Martinez’s claims and highlighting what Berry describes as previous breaches of court orders and legal sanctions regarding their son’s welfare.
Berry’s legal team also mentioned that video evidence contradicts Martinez’s version of events.
October 5: Berry shares her perspective
Berry submitted a declaration explicitly denying Martinez’s allegations and recounting her version of the events from September 26.
“I have never physically, emotionally, or otherwise abused Maceo,” Berry stated. “I am a victim of domestic violence, and I assist victims of domestic violence.” She further asserted: “I am not a perpetrator of violence. I would never harm our child.”
Berry explained that she entered Maceo’s room to inform him it was time to stop playing a game and began recording him when he did not comply.
She recounted that once Maceo noticed her recording, he took her phone, and they engaged in “playfully roughhousing,” a behavior she says is common between them.
Berry denied ever putting her hands on Maceo’s neck, choking him, or obstructing his breathing.
According to Berry, Maceo then became upset “unexpectedly” after their playful interaction ended and pushed her. She stated that she tried to remove his gaming headset, and her fiancé, Van Hunt, intervened before Maceo threatened to contact his father and leave the house.
Berry emphasized that while Maceo “may not always agree with the rules I establish,” he needs “structure and continuous contact with his mother rather than a separation caused by cruel, fabricated accusations.”
She is asking the court to reinstate the prior 50-50 custody arrangement.
The next hearing is set for October 16, when the court will review whether the temporary restrictions should continue or be amended.