‘Never Let Go’ Star Halle Berry Faces Explosive Abuse Allegations as Ex-Husband Olivier Martinez Seeks Restraining Order Over Their 12-Year-Old Son

The long custody saga between Halle Berry and Olivier Martinez has landed back in court. The former couple married in 2013, filed for divorce in October 2015, and finalized the divorce in 2023, agreeing to joint legal custody. They also agreed to share physical custody of their son.

The arrangement has not always been smooth. In 2024, Berry sought sole legal custody, or authority to make certain decisions about their son’s education and treatment, accusing Martinez of interfering with educational and therapeutic interventions. Her filing at the time described his behavior toward those interventions as turbulent and detrimental, which Martinez has disputed.

That backdrop makes the newest filing all the more striking. Martinez filed for a domestic violence restraining order and sole custody of their 12-year-old son in Los Angeles Superior Court on Thursday, Oct. 1, 2026. These are allegations in a court filing, and Berry’s side has denied them.

According to Variety, Martinez alleges that on Sept. 26, Berry “physically abused our son Maceo, by jumping on him, putting her hands around his neck, and choking him.” Martinez is asking for sole custody, which would change their current split arrangement.

The petition reportedly says the conflict centered on virtual reality goggles and prompted the boy to call for help. Martinez says he heard his son panicking and Berry yelling in the background, and that his son left Berry’s home with his belongings when he arrived. The filing also alleges that Berry’s fiancé, Van Hunt, was present.

Martinez also claims there were earlier incidents. He alleges earlier physical, verbal and emotional abuse, including occasions when Berry put their son in chokeholds. He also wrote that Berry texted him an apology afterward, and that he does not want to permanently sever the relationship between mother and son, though he does not believe they should interact until Berry takes sufficient accountability.

Martinez further asked that Berry not be under the influence of alcohol or other substances during visitation. His attorney, Patrick Baghdaserians, said his client’s paramount concern is the health and welfare of their son.

A judge has already acted. A Los Angeles County judge granted a temporary restraining order, ordering Berry to remain 100 yards from Martinez and limiting her contact with their son to court-ordered visitation. That visitation is currently 2 days each week and every other weekend. The order stays in place pending an Oct. 16 hearing.

Berry’s attorney, Marina Beck, has strongly rejected the claims. In a statement reported by Variety, Beck said, “To say this filing is entirely meritless and deliberately misleading would be an understatement.” She added that the filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior.

Beck also said there is voluminous evidence, including numerous judicial rulings, that Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions, and that he has already been legally sanctioned. Variety’s report notes the statement says Berry will keep fighting for her son’s best interests. Variety said Berry’s representatives had not responded to an initial request for comment.

The next key date is the Oct. 16 hearing, where the court will weigh the competing accounts. For now, the restraining order is temporary, and neither side’s claims have been tested in court. Under the 2023 agreement, Berry agreed to pay $8,000 per month in child support, along with additional expenses tied to her son’s education and activities.

Both parents have previously been told to keep their dispute away from their son. The divorce judgment requires them to refrain from talking badly about one another in front of him. That makes the stakes of the hearing even higher for the family.

Have something to add? Let us know in the comments!