Full Breakdown
Halle Berry–Olivier Martinez Custody Battle Escalates with Temporary Restraining Order
By Drooid · · How we work
Court Action and Revised Custody Schedule
On October 1, 2026, a Los Angeles County judge issued a temporary restraining order granting primary physical custody of son Maceo to Olivier Martinez. Berry must stay at least 100 yards from Martinez and may see Maceo only during court-ordered visits: two weekdays (Monday and Tuesday, 10 a.m.–8 p.m.) and alternating weekends (Saturday and Sunday, 10 a.m.–8 p.m.). A hearing is set for October 16, 2026.
Allegations Prompting the Order
Martinez’s filing alleges that on September 26, 2026 Berry “jumped on” Maceo, placed her hands around his neck and choked him while shouting, “Who is dominant now?!” The incident allegedly occurred while the boy was playing a virtual-reality game. The petition also cites prior episodes in which Berry used chokeholds and forced Maceo to “tap out,” describing a pattern of physical, verbal and emotional abuse, and links the behavior to Berry’s alcohol use.
Financial and Custody Background
Berry and Martinez married in 2013, separated in 2015 and finalized their divorce in 2023. Their settlement gave joint legal and physical custody, with Berry paying roughly $8,000 per month in child support plus 4.3 % of any income over $2 million, and covering tuition and health-care costs. In 2024 Berry sought sole legal custody, alleging Martinez interfered with Maceo’s education and therapy; Martinez denied the claim.
Official Statements & Responses
- The judge denied a request for mandatory sobriety monitoring, citing insufficient evidence.
Verbatim Quotes
- “There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry's minor son Maceo,” — Marina Beck, attorney
- “To say this filing is entirely meritless and deliberately misleading would be an understatement,” — Marina Beck, attorney
Data & Statistics
- Child’s age: reported as 12 (some sources say 13)
- Child support: $8,000 monthly plus 4.3 % of Berry’s income over $2 million
- Visitation limits: two weekdays and alternating weekends, 10 a.m.–8 p.m.
- Upcoming hearing: October 16, 2026
Why It Matters
The restraining order shifts primary custody to Martinez and limits Berry’s access, illustrating how family-law disputes can intensify when abuse allegations arise and how courts may impose distance restrictions pending a full hearing.
What’s Next
The parties must attend confidential mediation before the October 16 hearing, where the court will decide whether to maintain, modify, or lift the temporary restrictions and address the underlying custody and abuse claims.