A Los Angeles judge has denied Olivier Martinez’s request for a permanent domestic violence restraining order against ex-wife Halle Berry, while allowing the actor to retain primary custody of their 13-year-old son, Maceo, for the time being.
Los Angeles Superior Court Judge Shelley Kaufman dissolved the temporary restraining order that had been issued against Berry earlier this month. The decision does not immediately restore the former couple’s previous 50-50 custody arrangement. Martinez will continue to have primary physical custody pending further court proceedings.
The latest ruling follows a dispute that began after Martinez accused Berry of physically abusing their son during a Sept. 26 incident. Martinez alleged in court filings that Maceo contacted him and asked to be picked up from Berry’s home after an altercation.
Berry has denied the allegations.
“I have never physically, emotionally, or otherwise abused Maceo,” Berry said in a court declaration, according to Entertainment Weekly.
Martinez was granted a temporary restraining order Oct. 1. The order also altered the parents’ custody arrangement, giving Martinez primary physical custody and limiting Berry’s time with Maceo. Before the dispute, Berry and Martinez shared joint custody under the terms of their 2023 divorce settlement.
Berry sought to have the former 50-50 arrangement restored. Kaufman rejected that request, according to NBC Los Angeles and City News Service. Berry also will not have overnight visits with Maceo under the current arrangement.
Berry’s attorney, Marina Beck, welcomed the decision to dissolve the restraining order.
“We are extremely pleased that the Court has dissolved the TRO,” Beck said in a statement reported by Entertainment Weekly.
Martinez’s attorney, Patrick Baghdaserians, characterized the custody outcome as a victory for his client.
The case has included declarations from members of Berry’s family. Her 18-year-old daughter, Nahla Aubry, submitted a statement supporting her mother and said she had never witnessed Berry behave violently toward anyone.
Maceo also testified during the proceedings. Entertainment Weekly reported that the teenager testified for nearly four hours during an Oct. 19 hearing. His testimony remains under seal.
Berry and Martinez met while working on the 2010 film “Dark Tide.” They married in 2013 and welcomed Maceo that year. The couple separated in 2015, and their divorce was finalized in August 2023 after years of legal proceedings.
Although the restraining order has been dissolved, the custody dispute remains unresolved. Martinez’s primary custody arrangement will remain in place until the court revisits the matter.
