On Tuesday, actor Olivier Martinez filed a petition in court seeking a temporary restraining order against his ex-wife Halle Berry, alleging she physically abused their 12-year-old son Maceo during an incident on September 26. The allegations are serious and unproven, and Berry’s legal team has responded with a forceful denial. It is established that both parties have a documented history of contested legal proceedings regarding their son’s welfare since their divorce in 2015, and that the current filing significantly escalates those proceedings.
Martinez alleges in the filing that Berry physically restrained Maceo during the September 26 incident, and is seeking sole custody of the child as an amendment to their current shared arrangement. He also alleges additional unspecified instances of abuse over the preceding years, including verbal and emotional conduct.
Berry’s attorney Marina Beck issued a statement describing the filing as “entirely meritless and deliberately misleading.” He pointed to what she characterized as a “well-documented history of erratic, possessive and violent behavior” on Martinez’s part, for which she said he had already been legally sanctioned. As of publication, Berry’s representatives had not separately responded to press requests for comment.
What the Filing Contains
Halle Berry is being accused of abusing her 12-year-old son by her ex-husband Olivier Martinez, who has filed a petition for a temporary restraining order against the actress.
Martinez alleges that the actress “physically abused our son Maceo, by jumping on him, putting her… pic.twitter.com/KdfDDPL3av
— Variety (@Variety) October 1, 2026
Martinez’s petition asks the court to grant him sole physical and legal custody of Maceo, removing the current shared arrangement that has been in place since the couple divorced after two years of marriage. Alongside the custody request, he is asking that Berry be required not to be under the influence of alcohol or other substances during any visitation periods with their son. He also states in the filing that Maceo does not currently wish to spend time at Berry’s home, and that he believes the child may be traumatized by the September incident.
The filing includes an allegation about a conversation between Berry and Maceo regarding Martinez and child support, in which Martinez claims Berry made racially charged statements about him to their son and then asked the boy how he felt about it. Martinez states in the filing that Berry subsequently texted him to apologize for that incident. “I do not want to permanently sever the relationship between our son and Petitioner,” Martinez wrote, “but I do not believe that they should be interacting with each other until Petitioner can take sufficient accountability for her actions.”
Halle Berry’s Legal Team Responds
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…— Variety (@Variety) October 2, 2026
Attorney Marina Beck’s response to the filing was extensive and pointed. “To say this filing is entirely meritless and deliberately misleading would be an understatement,” she said, adding that 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.” Beck stated that Martinez had already been legally sanctioned for this conduct.
Beck also framed the filing within a larger pattern of behavior she attributed to Martinez. “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior,” she said. “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.” The response positions the filing as a continuation of a custody conflict rather than a response to a specific incident, and signals that Berry intends to contest the petition fully.
What Happens Next
The filing initiates a legal process that will require a court to assess the allegations, the existing custody arrangement, and the evidence both parties have indicated they intend to present. Martinez has described the evidence available to the court as including Berry’s own text message apologizing after one of the alleged incidents. Berry’s legal team has indicated they have substantial evidence of their own, including prior judicial rulings that they say support their characterization of Martinez’s conduct.
Berry, 60, is also the mother of an 18-year-old daughter from a previous relationship. The allegations concern only Maceo, her son with Martinez. No charges have been filed against Berry at this time. The restraining order petition is a civil court matter and does not constitute a criminal proceeding. As with all family court filings of this nature, the allegations made by both parties are unproven and subject to judicial review. The case is expected to proceed to a hearing in the coming weeks.
Featured image: Jean Nelson/Deposit Photos
