Olivier Martinez secured a temporary restraining order against Halle Berry after accusing her of choking their 12-year-old son, with a custody fight now headed to an October hearing.
The Oscar-winning actress is under a court order limiting contact with her ex-husband and restricting when she can see their child, after Martinez accused her of physically assaulting the boy at home late last month.
The Daily Caller reported that Martinez obtained the temporary restraining order based on claims drawn from court filings first detailed by TMZ. He is also asking for sole custody of their son, Maceo, who is 12. A hearing is set for Oct. 16.
The filing does not treat this as a one-off fight over homework or screen time. It describes a physical confrontation, prior alleged violence, sobriety conditions, and a demand that Berry stay far away from Martinez while the custody fight proceeds.
Martinez alleged the main incident happened Sept. 26 while Maceo was at home playing video games. Berry and her boyfriend, Van Hunt, were present, the filing stated.
According to the court papers summarized in the reporting, Berry jumped on their son, put her hands around his neck, and put him in a chokehold.
While the alleged choking was underway, the filing said she shouted a dominance line at the boy:
"Who is dominant now?!"
The same account said Berry had already insulted the child over the gaming, telling him he looked “so stupid” and that he was “such an idiot.”
The day after the alleged incident, Martinez claimed Berry texted him about it.
"I feel terrible about what happened last night as I know he does as well."
That message is presented in the filing as her own words. What it does not do is erase the conduct Martinez put before the court.
Martinez did not stop at Sept. 26. The documents cite earlier episodes he says show a pattern.
He alleged Berry struck Maceo in the face five years ago. He also claimed that ten years ago she had a very violent outburst and threw a plate with a knife and fork on top.
Separately, the filing reaches into 2023 child-support talks. Martinez alleged Berry told their son his father was “a white b**** robbing money from a black woman.”
He further claimed Berry had threatened to have him deported. The reporting does not present independent proof of that threat beyond his court filing.
No injuries to Maceo are described in the available account. No arrest or criminal charge tied to the September allegation appears in the reporting either. The public record here is the restraining order fight and the claims inside it.
The temporary restraining order is not symbolic. It sets hard distance and custody rules while the case moves forward.
Berry must remain 100 yards away from Martinez. She may see Maceo only during court-ordered visitations, two days a week and every other weekend.
She must not drink or be under the influence of alcohol or any other substances while Maceo is present. She must also undergo sobriety testing before, during, or after visitation.
The court ordered Martinez and Berry into confidential mediation to work through custody. Martinez is requesting sole custody of their son. The Oct. 16 hearing is the next public checkpoint on the calendar.
Berry’s side of the story is not included in the reporting package. No denial, explanation, or counter-filing from her appears in the account that laid out Martinez’s claims and the order’s terms.
Halle Berry is one of the most recognizable actresses in American film. Olivier Martinez, her ex-husband and Maceo’s father, has now put abuse allegations, a deportation threat claim, and a sole-custody request into a court lane that also imposes sobriety testing and tight visitation limits.
Temporary restraining orders are not final judgments. They are emergency brakes. Judges use them to freeze contact, protect a child, and force adults into a structured process, mediation first, then a hearing, while the evidence is tested.
That is the posture of this case as reported. The filing paints a September chokehold, older striking and outburst claims, a racialized insult aimed at the boy’s father, and a mother now barred from casual contact and ordered to prove sobriety around her son.
What remains unsettled is everything a hearing is built to test: whether the September account holds up, how the older claims are weighed, what Van Hunt or others saw, and whether sole custody for Martinez is justified. The court name, case number, and full order text were not laid out in the initial reporting. Neither was a documented medical injury or a police response to the Sept. 26 allegation.
Parents in open custody wars often file maximal claims. Courts are supposed to separate heat from proof. Celebrity does not change that duty, and it does not place a 12-year-old outside it either.
When a father walks into court with chokehold allegations and walks out with distance rules, limited visitation, and mandatory sobriety testing, the system is at least treating the child’s safety as the first question. The October hearing will show whether the evidence can carry the rest.
