Halle Berry and Olivier Martinez are back in court, and this time the stakes could not be higher. The French actor filed for a domestic violence restraining order on October 1, 2026, accusing his ex-wife of abusing their son, Maceo, and asking for sole custody. Halle has denied every allegation, and her eldest child, Nahla Aubry, has stepped forward to defend her.
Here’s what we know so far about the custody fight, what the judge decided and what comes next.
What Is Olivier Martinez Accusing Halle Berry Of?
Olivier claims that Halle choked Maceo during an argument on September 26, 2026, which he described in his filing as the latest of several incidents over the years. He also alleged that she made racially charged remarks toward their son in the past.
In his petition, Olivier said he does not want to permanently cut Maceo off from his mother. He asked the court to keep them apart until Halle takes what he called sufficient accountability, and he requested drug and alcohol screenings for her as well.
What Did the Judge Rule in Halle Berry’s Custody Case?
A Los Angeles County judge granted Olivier a temporary restraining order that requires Halle to stay 100 yards away from him, People reported. Her visits with Maceo were scaled back, but the court did not cut off contact between mother and son.
The judge also turned down several of Olivier’s requests, including sobriety monitoring, citing insufficient information. The former couple is due back in court on October 16, 2026, when a judge will weigh whether the order becomes permanent.
How Has Halle Berry Responded?
Halle’s attorney, Marina Beck, fired back hard in a statement to Hello!
“To say this filing is entirely meritless and deliberately misleading would be an understatement.”
Beck argued that Olivier has repeatedly violated court orders and has already been legally sanctioned for that conduct. She added that Halle will keep fighting for Maceo’s best interests.
Nahla, Halle’s daughter with model Gabriel Aubry, also filed a declaration saying she has never seen her mom physically harm her younger brother.
When Did Halle Berry and Olivier Martinez Divorce?
Halle and Olivier met on the set of Dark Tide, married in 2013 and separated in 2015. Their divorce dragged on for nearly eight years before they finalized it in August 2023, settling on shared custody of Maceo, TMZ reported at the time.
The peace did not last long. In 2024, Halle asked the court for sole custody, citing what she described as Olivier’s harmful behavior surrounding their son’s educational and therapeutic needs.
Their history stretches back even further. In 2012, Olivier and Gabriel got into a physical altercation at Halle’s home on Thanksgiving, a clash that ended with a restraining order of its own.
For now, both parents are waiting on the October 16 hearing, and Halle has made it clear she is not backing down.
