On Oct. 1, 2026, a Los Angeles County judge granted Olivier Martinez a temporary restraining order against Halle Berry after he alleged she physically abused their 12-year-old son, Maceo. PEOPLE, which reviewed court records, reports the order covers Martinez and Maceo, restricts Berry’s visitation on a temporary schedule, and keeps a fuller hearing on the calendar for Oct. 16. Berry’s attorney, Marina Beck, told outlets including Fox News Digital that the filing is “entirely meritless and deliberately misleading.” Nothing in the temporary order is a final finding that the allegations are true. It is emergency civil protection while the court sorts competing claims.
What changed overnight: Martinez secured temporary protection and temporary primary custody framing; Berry’s parenting time was cut to daytime windows pending Oct. 16; Berry must stay 100 yards from Martinez; confidential mediation was ordered; a sobriety-monitoring request was denied for insufficient information, per PEOPLE’s read of the record.
TL;DR
- Oct. 1, 2026: LA County judge grants Martinez a temporary restraining order covering Martinez and their son Maceo (PEOPLE; TMZ; Page Six).
- Core allegation (unproven): Martinez claims that on Sept. 26, 2026, Berry jumped on Maceo, put her hands around his neck, and choked him while shouting “Who is dominant now?!” after a dispute that started over a VR game.
- Berry’s response: Attorney Marina Beck calls the filing “entirely meritless and deliberately misleading,” cites prior judicial sanctions against Martinez for interfering with therapeutic and educational interventions, and says she will keep fighting for Maceo’s best interests.
- Stay-away rule: Berry must remain 100 yards from Martinez under the temporary order (TMZ; Page Six).
- Visitation (court-record hours via PEOPLE): daytime only on Mondays and Tuesdays, 10 a.m. to 8 p.m., and Saturdays and Sundays, 10 a.m. to 8 p.m., until the next hearing. Some outlets summarize this as two weekdays plus weekend windows.
- Other temporary terms: confidential mediation ordered (TMZ); sobriety-monitoring request reportedly denied for “insufficient information” (PEOPLE).
- Next hearing: about Oct. 16, 2026, when a judge can keep, change, or end the temporary terms.
- Background: divorce finalized in 2023 after a long fight; Berry was ordered to pay about $8,000 a month in child support plus a percentage of income above $2 million.
What Did the Court Order in the Halle Berry Restraining Order Case?
According to court records viewed by PEOPLE, a Los Angeles County judge granted Martinez’s request for a temporary restraining order on Thursday, Oct. 1, 2026. The temporary protection covers Martinez himself and the couple’s 12-year-old son. The judge did not permanently bar Berry from contacting Maceo. The court instead restricted visitation so parent-child contact continues in a narrower daytime window while the case moves toward a later hearing.
Temporary does not mean proven. A TRO can issue on a one-sided petition when a judge decides emergency protection is warranted. It is not the same as a trial verdict, a criminal conviction, or a final custody judgment.
Major outlets that obtained or confirmed filings also report these temporary terms:
- Berry must stay 100 yards away from Martinez (TMZ; Page Six; Fox News).
- Berry’s parenting time with Maceo is limited to court-ordered visitation until Oct. 16.
- The exes were ordered into confidential mediation about custody (TMZ; E! News).
- PEOPLE reports the judge denied a request that Berry’s sobriety be monitored, citing “insufficient information.”
Page Six describes the temporary outcome as Martinez receiving primary custody, with Berry losing the prior 50/50 arrangement in favor of daytime visits. That framing matches a temporary shift in who has the default residential schedule, not a final ruling after full evidence.
How Do Outlets Describe the Temporary Visitation Hours?
This is where careful readers should slow down, because summaries differ.
PEOPLE, citing court records, says the judge modified Berry’s hours to:
- Mondays and Tuesdays: 10 a.m. to 8 p.m.
- Saturdays and Sundays: 10 a.m. to 8 p.m.
TMZ, Page Six, and Fox News instead summarize court-ordered visitation as two days a week and every other weekend. Those lineups may be compressing the same temporary schedule in different shorthand, or reflecting different copies of the paperwork. Until a full stamped order is public end to end, treat PEOPLE’s hour-by-hour description as the clearest court-record read, and treat “two days a week and every other weekend” as the shorthand used by several entertainment desks.
What Does Olivier Martinez Allege Happened on Sept. 26?
Martinez’s petition, as reported by PEOPLE, TMZ, Page Six, Fox News, and E! News, centers on an alleged incident at Berry’s home on Saturday, Sept. 26, 2026. Everything below is Martinez’s account in filings, not established fact.
According to those reports of the petition:
- Maceo was in his bedroom playing a game with virtual reality goggles.
- Berry allegedly entered, told him he looked “so stupid” and was “such an idiot” for playing the game, and the situation escalated.
- Martinez alleges Berry jumped on their son, grabbed him by the neck, and choked him while shouting, “Who is dominant now?! Who is dominant?!”
- Martinez says Maceo called him in a panic and asked to be picked up; text messages quoted in coverage include Maceo asking his father to come immediately.
- Martinez claims Berry’s fiancé, musician Van Hunt, was at the home; E! reports Martinez said Hunt helped Maceo leave while Berry stayed inside.
- Martinez says Berry texted the next day that she felt “terrible about what happened last night,” language multiple outlets quote from screenshots attached to the filing.
Martinez also alleges the Sept. 26 episode was not isolated. Filings reported by Page Six claim that over about the last year and a half Berry had wrestled Maceo to the ground and forced him to “tap out.” E! reports Martinez claimed past chokeholds tied to mixed-martial-arts training, and that both Maceo and Berry had previously described earlier incidents to him, with Berry allegedly framing them as joking or play. Those are contested allegations. They have not been tried to a verdict in this new proceeding.
Martinez wrote, in language quoted by Fox News from documents obtained with PEOPLE and TMZ, that Berry caused him “emotional and mental distress due to physical abuse of our minor child, Maceo,” and that the Sept. 26 episode was “the latest incident of abuse.”
He is asking for protections that go beyond a short stay-away order. Coverage says he wants sole custody, wants Berry kept away from him and their son except under restricted conditions, and has sought sobriety testing and other conditions around visits. TMZ notes he still says he does not want to erase Maceo’s relationship with Berry; he wants space and safety after the alleged incident. Martinez’s lawyer, Patrick Baghdaserians, told PEOPLE the “paramount concern is the health, welfare and the safety of the minor child.”
What Other Claims Appear in the Filing?
Beyond the Sept. 26 physical-abuse allegation, outlets report Martinez’s petition also raises older conflicts and racially charged remarks he attributes to Berry during the child-support fight. Page Six and Fox News report that Martinez claims Berry told Maceo in 2023 that Martinez was a “white bitch” trying to rob a Black woman, then asked how Maceo felt “as a black man.” TMZ reports additional alleged past outbursts, including a claim that Berry once struck Martinez in the face years ago and that she once threw a plate with utensils during an earlier conflict. Treat those as allegations inside a custody-and-restraining-order petition, not as proven history.
How Did Halle Berry’s Attorney Respond?
Berry has not been silent. Through attorney Marina Beck, she issued a sharp denial that multiple desks published in nearly identical form.
“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck told Fox News Digital. “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, misconduct for which Mr. Martinez has already been legally sanctioned.”
Beck’s statement, also carried by PEOPLE, Page Six, and E!, goes further. She describes Martinez as having a “well-documented history of erratic, possessive and violent behavior,” says today’s filing was “not entirely unexpected,” and stresses that Berry is “deeply saddened” but will not stop “fighting for Maceo’s best interests and providing him with the love and support he needs.”
That response matters for readers trying to weigh overnight headlines. One side’s petition produced a temporary order. The other side says the petition itself is a misleading litigation move in a long, already-sanctioned custody war. Only later hearings, and possibly later evidence, can decide which narrative the court credits.
Keep three lanes separate: always separate (1) what Martinez filed, (2) what the temporary order requires right now, and (3) what Berry’s counsel says in reply. Do not collapse those into “Halle Berry abused her son” as if a court already found that after a trial.
What Was the Custody Setup Before Oct. 1?
Before this TRO, Fox News reports that under the couple’s divorce judgment Maceo split time between both parents during the week and alternated weekends, with limited phone or video contact rules and a ban on badmouthing each other in front of him. Page Six and other outlets describe the prior arrangement as roughly 50/50. The Oct. 1 temporary order is the interruption of that status quo.
The restraining-order fight also sits on top of earlier sole-custody litigation. Fox News notes that about two years earlier Berry sought sole custody of Maceo, arguing Martinez’s “turbulent and detrimental behavior” toward educational and therapeutic interventions hurt Maceo’s relationship with her. Beck’s Oct. 1 statement explicitly returns to that theme: prior judicial rulings and sanctions against Martinez for interfering with those interventions. Readers should expect both camps to re-litigate that history at the Oct. 16 hearing and in mediation.
How Did Halle Berry and Olivier Martinez Get Here?
Berry and Martinez married in 2013, split around 2015 (Page Six says October 2015 after about two years of marriage; E! frames the marriage as 2013 to 2016), and did not finalize divorce until 2023 after a contentious multi-year battle. That long runway produced detailed support orders that still frame public coverage.
According to Page Six and Fox News reporting on 2023 court documents:
- Berry was ordered to pay about $8,000 a month in child support.
- She was also ordered to pay roughly 4.3% of income above $2 million as additional support.
- Fox News reports Berry covers private-school tuition, extracurriculars, and health care under the judgment, while Martinez is required to take “reasonable action” to find employment and contribute.
Those money terms are not the Oct. 1 TRO, but they explain why custody filings keep arriving with high emotion and high stakes. Child support, residential time, and allegations about parenting conduct have been entangled for years.
Berry also has an older daughter, Nahla Ariela Aubry, with ex Gabriel Aubry. She is engaged to Van Hunt, who appears in Martinez’s Sept. 26 narrative as present at the home. Hunt has not been quoted with a public response in the early coverage wave; E! says it sought comment from reps for Martinez and Hunt without an immediate reply.
What Happens at the Oct. 16 Hearing?
The temporary order is a bridge, not a destination. Coverage converges on a hearing around Oct. 16, 2026, where a judge can decide whether to make protective terms longer, revise visitation again, or unwind parts of the emergency relief. Confidential mediation, already ordered per TMZ, may run on a parallel track and could produce stipulations the court later adopts, or it could fail and leave the fight fully contested.
Expect the hearing to focus on:
- Whether Martinez’s alleged Sept. 26 facts, and any supporting evidence, justify continued protection.
- Whether Beck’s claim of a misleading petition and prior Martinez sanctions undercuts emergency relief.
- What residential schedule best serves a 12-year-old while both parents remain in active conflict.
- Whether any testing, counseling, or exchange conditions should attach to future visits.
Until that hearing, the practical public facts are the ones in the temporary paperwork: distance from Martinez, restricted daytime visits with Maceo, mediation, and no reported grant of the sobriety-monitoring ask.
How Should Readers Separate Headlines From Proof?
Celebrity custody fights move faster than evidence. “Granted a restraining order” is true in the temporary sense. “Primary custody” can be true as a temporary residential shift. Neither phrase means a criminal case has been filed, a jury has spoken, or a judge has issued final findings after full testimony. Martinez’s petition contains graphic alleged details that major outlets have published; Berry’s counsel calls the entire package meritless and points to prior sanctions against Martinez. Responsible coverage keeps those lanes separate.
If you are comparing this story to other celebrity legal explainers, name the court action, quote the allegation as allegation, quote the denial, list the temporary terms, and date the next hearing. For a parallel restraining-order explainer in a different family context, see Bamfuzzle’s Dolly Parton estate restraining order explained. For other high-interest relationship and legal breakdowns, see Keith Urban and Nicole Kidman divorce rumors, Amy Schumer and Chris Fischer divorce agreement explained, and Jay-Z accuser recants explained.
FAQ
Did Olivier Martinez get a restraining order against Halle Berry?
Yes, temporarily. On Oct. 1, 2026, an LA County judge granted Martinez a temporary restraining order covering him and their son Maceo, according to PEOPLE’s review of court records and matching reports from TMZ, Page Six, and Fox News. A hearing around Oct. 16 will address whether those terms continue.
What are the temporary visitation rules for Halle Berry and Maceo?
PEOPLE, citing the court record, says Berry’s time is limited to Mondays and Tuesdays from 10 a.m. to 8 p.m., and Saturdays and Sundays from 10 a.m. to 8 p.m. TMZ, Page Six, and Fox News summarize visitation as two days a week and every other weekend. Prefer the hour-specific PEOPLE description when the two conflict.
What does Halle Berry say about the abuse allegations?
Through attorney Marina Beck, Berry’s camp calls the filing “entirely meritless and deliberately misleading,” cites prior judicial sanctions against Martinez for interfering with therapeutic and educational interventions, and says Berry will keep fighting for Maceo’s best interests.
Is Van Hunt involved in the court case?
Martinez’s petition, as reported by TMZ, Fox News, and E!, places Berry’s fiancé Van Hunt at the home during the alleged Sept. 26 incident and, in E!’s account, assisting Maceo’s departure. Early coverage does not report Hunt as a party to the restraining-order petition.
When was Halle Berry and Olivier Martinez’s divorce finalized?
Their divorce was finalized in 2023 after a multi-year battle that began after a mid-2010s split. 2023 reporting said Berry owed about $8,000 a month in child support plus a share of income above $2 million.
If You Need Help
If you suspect child abuse, call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child (1-800-422-4453), or visit childhelp.org. Calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.
Sources
- PEOPLE, Oct. 1, 2026: TRO grant covering Martinez and Maceo; Mon/Tue and Sat/Sun 10 a.m. to 8 p.m. visitation; sobriety-monitoring denial; Beck statement; Baghdaserians comments; Childhelp note.
- TMZ, Oct. 1, 2026: petition details; 100-yard stay-away; two days a week and every other weekend shorthand; mediation order; alleged Sept. 26 narrative; next-day text.
- Page Six, Oct. 1, 2026: primary-custody temporary framing; Beck statement; past “tap out” allegation; divorce and support background.
- Fox News Digital, Oct. 1, 2026: full Beck quote; prior sole-custody context; divorce-judgment parenting rules; support terms.
- E! News, Oct. 2, 2026: additional alleged dialogue and pickup sequence; Van Hunt presence; sole-custody ask.
