‘Crime 101’ Star Halle Berry’s Ex Seeks Restraining Order and Sole Custody Amid Abuse Allegations

The custody battle between Halle Berry and Olivier Martinez has played out in family court for years, long after the couple’s marriage ended. The pair married in 2013 and split in 2016, though their divorce wasn’t finalized until 2023. Now, the Halle Berry custody dispute has escalated with serious new allegations, and the actress is firmly denying them.

Tensions between the former couple are not new. Two years ago, Berry filed for sole custody of their son, citing what she described as Martinez’s turbulent and detrimental behavior toward educational and therapeutic interventions for the boy, which she said affected her relationship with him.

This week, Martinez filed a petition in California Superior Court seeking a temporary restraining order against Berry, alleging that she physically abused their 12-year-old son during an incident on September 26. As reported by Variety, he is asking for sole custody, which would change the current shared arrangement.

In the filing, Martinez claims the alleged incident was not an isolated one, contending there have been other instances over the past few years. He also says Berry texted him an apology afterward and that he believes their son may be traumatized and does not want to spend time at her home.

According to TMZ, Martinez was granted a temporary restraining order on Thursday. Under its terms, Berry must stay 100 yards from Martinez and can see her son only during court-ordered visitation 2 days a week and every other weekend until a hearing in October.

Berry’s camp responded quickly. Her attorney, Marina Beck, told TMZ that the filing was entirely meritless and deliberately misleading, describing that characterization as an understatement.

Halle Berry’s attorney has responded to allegations of child abuse against the actress: "In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.” https://t.co/Vcw3WSB0XH

— Variety (@Variety) October 2, 2026

Beck also pointed to the history between the former spouses. She said there is extensive evidence, including numerous judicial rulings, that Martinez repeatedly violated court orders and interfered with the boy’s therapeutic and educational support, conduct for which she says he has already been legally sanctioned.

The attorney added that Berry is deeply saddened by the filing. However, she said the actress will not be deterred from fighting for her son’s best interests and continuing to give him the love and support he needs.

It’s important to stress that the claims in Martinez’s petition are allegations that have not been tested in court. A temporary restraining order is typically an emergency measure granted before a full hearing, and the court has yet to rule on the underlying claims or the custody request.

The upcoming hearing will give both sides the chance to present their evidence. Given the years of litigation between the 2, the case is likely to draw close attention as it moves forward.

For Berry, the dispute adds to a lengthy legal history with her ex-husband. Her attorney’s statement framed the new petition as part of an ongoing pattern, while Martinez’s filing presents a very different account of events.

At the center of it all is a 12-year-old child, whose well-being both parents say they are trying to protect. As the case continues, the court will ultimately decide what arrangement best serves him.

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