Los Angeles Judge Keeps Halle Berry From Primary Custody After Dismissing Restraining Order

A Los Angeles Superior Court judge on Oct. 29 dismissed a request by actor Olivier Martinez for a permanent domestic-violence restraining order and upheld the temporary custody arrangement that was in place after a prior restraining order was granted. The ruling leaves actress Halle Berry with joint legal custody but limited physical custody of their 13-year-old son, Maceo.

Martinez had alleged that Berry physically abused Maceo on Sept. 26, describing an incident in which she allegedly jumped on the teen, placed her hands around his neck and choked him. He also cited earlier alleged incidents and sought sole legal and physical custody. The court rejected the request for a permanent restraining order but maintained the existing temporary custody terms pending further proceedings.

Berry’s attorney Marina Beck said the court’s decision to dissolve the restraining order was “extremely pleasing” and affirmed Berry’s focus on her son’s well-being. Martinez’s lawyer, Patrick Baghdaserians, described the continuation of primary physical custody for his client as a significant outcome.

The parents, who married in 2013, divorced in 2015 and finalized their settlement in 2023, had previously shared joint legal and physical custody and agreed on child-support payments. Berry’s daughter, Nahla Aubry, submitted a written declaration supporting her mother, stating she had not observed any abusive behavior and describing Berry’s parenting as consistent with her own upbringing.