Halle Berry and ex-husband Olivier Martinez are back in court amid an escalating custody dispute, with Martinez accusing the Oscar-winning actor of physically and emotionally abusing their 12-year-old son.
Martinez filed for a domestic violence restraining order and asked the court for sole custody, alleging that an incident occurred at Berry’s home on September 26, 2026. According to his court filing, Martinez claims Berry physically attacked their son during an argument and put her hands around his neck. The allegations have not been proven in court, and Berry’s attorney has categorically denied Martinez’s account.
The legal situation moved quickly on October 1. A Los Angeles County judge granted Martinez a temporary restraining order, requiring Berry to remain 100 yards away from him while temporarily limiting her time with their son to court-ordered visitation. A fuller hearing is scheduled for October 16, when the court can consider whether longer-term restrictions are warranted.
Olivier Martinez alleges a September confrontation became physical
Martinez’s filing centers on what he says happened while their son was at Berry’s home on September 26.
According to court documents obtained by People, TMZ and other outlets, Martinez alleges that Berry became angry while their son was using a virtual-reality headset, that the disagreement escalated and that she eventually grabbed him around the neck. Martinez says their son contacted him afterward asking to be picked up.
Martinez further claims the incident was not isolated, alleging previous episodes of physical, verbal and emotional mistreatment. Those broader claims are also disputed and have not been established as fact.
In the filing, Martinez asked the court to change their existing custody arrangement and grant him sole custody. He also requested restrictions on Berry’s contact with both him and their son.
The judge did not grant every measure Martinez requested. People reports that the court declined to impose requested sobriety-monitoring conditions on Berry, citing insufficient evidence, even while approving the temporary restraining order and modifying visitation pending the next hearing.
Halle Berry’s lawyer calls the filing ‘entirely meritless’
Berry’s side has strongly rejected Martinez’s version of events.
Her attorney Marina Beck told TMZ:
“To say this filing is entirely meritless and deliberately misleading would be an understatement.”
Beck argued that previous judicial rulings had found Martinez violated court orders and interfered with therapeutic and educational measures intended for their son. She also accused Martinez of having a history of erratic and violent behavior and said Berry would continue fighting for her son’s best interests.
Those statements are Berry’s legal team’s response to Martinez’s accusations; they are not independent findings about the September 26 incident.
That distinction is important because both sides are now presenting sharply conflicting accounts as part of an active family-court dispute.
Text messages are now part of the custody fight
The court filing reportedly includes text exchanges between Berry and Martinez from after the alleged confrontation.
People reports that Berry wrote that she felt “terrible about what happened,” while also discussing the conflict with their son. Martinez is using the messages to support his allegation that something serious occurred, while Berry’s attorneys maintain that his overall portrayal of the incident is misleading.
A message expressing regret does not, by itself, establish the specific abuse allegations contained in Martinez’s filing.
That is precisely why the next court hearing matters. The judge will have an opportunity to consider more evidence from both sides rather than relying only on the emergency request that produced the temporary order.
Their custody disagreements have been going on for years
Berry and Martinez married in 2013, separated in 2015 and ultimately finalized their divorce in 2023 after a lengthy legal process. Their settlement included joint legal custody and financial arrangements involving their son.
Their co-parenting relationship has remained contentious.
Court records cited by People show that the former couple participated in co-parenting therapy in 2024, including individual meetings and joint sessions intended to address disagreements over their son’s care and parenting decisions.
The latest filing therefore arrives against an already established history of custody and co-parenting conflict, rather than representing the first disagreement between them.
What happens next?
For now, Martinez has temporary legal protections while Berry’s visitation has been restricted under the interim court order.
That is not the same as a final judicial finding that Berry committed child abuse.
The temporary restraining order remains in place ahead of the October 16 hearing, and Berry’s legal team is contesting the allegations. Martinez is also seeking a more permanent change to custody, meaning the court will likely have to assess the competing claims, submitted evidence and the child’s best interests before determining what happens next.
The most important point at this stage is therefore the legal status rather than the allegations alone: Martinez has made serious claims, Berry has denied them, and a judge has issued temporary restrictions while the dispute proceeds.
