Halle Berry’s ex-husband, Olivier Martinez, has filed a petition seeking a temporary restraining order against the actress, alleging that she physically abused their 12-year-old son and asking for sole legal custody of the child.
According to legal documents obtained by E! News, Martinez alleges that an incident occurred at Berry’s home on September 26, claiming their son called him in distress and asked him to come and pick him up.
Martinez alleged that while he was speaking to the boy on the phone, he heard him panicking and claimed he could hear Berry yelling in the background. He further alleged that their son told him Berry had physically attacked and choked him.
In the petition, Martinez claimed the confrontation began while the boy was playing a virtual reality game in his bedroom. He alleged that Berry initially pushed the boy in what appeared to be a joking manner, but that the situation escalated after the child asked her to stop and allow him to finish his game.
Martinez alleged that Berry then grabbed the boy by the neck and choked him while repeatedly asking, “Who is dominant now?”
He further claimed that the incident was not isolated, alleging that both Berry and their son had previously spoken to him about similar incidents. Martinez alleged that Berry had used choke holds on their son in the past and that the boy had expressed his dislike of the behavior.
Martinez also alleged that Berry apologized by text the following morning, writing, “I feel terrible about what happened last night.”
Based on his allegations, Martinez has asked the court to grant him sole legal custody rather than the current 50-50 custody arrangement. He also requested drug testing and a psychological evaluation before Berry has visitation with their son, as well as an order requiring her to participate in a 52-week batterer intervention program.
Berry’s legal team has strongly rejected Martinez’s allegations.
Her attorney, Marina Beck, described the filing as “not entirely unexpected” and accused Martinez of having a history of what she characterized as erratic and violent behavior. Berry’s lawyer called the allegations “outrageous” and said the actress remains focused on her son’s best interests.
“She is deeply saddened,” the statement said, while adding that Berry “will not allow it to deter her from fighting for [her son’s] best interests and providing him with the love and support he needs.”
Martinez and Berry were married from 2013 to 2016 and share their 12-year-old son. Berry also has an 18-year-old daughter with her former partner Gabriel Aubry.
The latest legal dispute comes as the former couple continues to navigate custody matters. According to legal documents obtained by TMZ, Berry and Martinez have been ordered to participate in confidential mediation to discuss custody.
The allegations made in Martinez’s petition have not been established as fact in court, and Berry’s legal team has disputed his account. The custody dispute and related proceedings remain ongoing.
