Halle Berry’s ex husband, Olivier Martinez, has filed for a temporary restraining order against her, alleging that she physically attacked their 12 year old son last weekend.
In court documents obtained by TMZ and PEOPLE, Martinez claims that on Saturday, September 26, Berry “physically abused” their son “by jumping on him, putting her hands around his neck, and choking him.” According to the filing, their son was in his bedroom playing a video game with VR goggles when Berry came into the room angry. Martinez says Berry’s fiancé, musician Van Hunt, was home at the time.
Martinez says their son called him after the alleged incident and told him what happened. He also claims that Berry texted him the next day, writing, “I feel terrible about what happened last night as I know he does as well.”
The French actor, 60, says it was not the first time. “While the September 26, 2026, incident in which Petitioner choked our son is the latest incident of abuse, I contend that there have been other instances of abuse over the course of the last few years,” the filing states. Martinez also claims that Berry struck him in the face five years ago.
The filing includes other allegations from the same day. Martinez claims Berry threatened to have their son sent to France, where Martinez lives, and asked the boy what he was going to do “as a Black man” to protect her from being robbed by his father.
Martinez is asking for sole custody and wants the court to order Berry to stay away from him and their son. He is also asking that she not drink alcohol or be under the influence of any substances around the boy. According to TMZ, Martinez says he does not want to cut their son off from his mother, but wants him to have space after what happened. It is not yet clear whether a judge has granted any part of the request.
Halle Berry has not publicly responded to the allegations.
The filing is the latest chapter in a long and bitter custody fight. Berry and Martinez married in 2013 and split in 2016, and their divorce was finalized in 2023. As part of that settlement, Berry was ordered to pay child support and cover their son’s private school tuition and activities. In 2024, it was Berry who asked the court for sole custody, accusing Martinez of refusing to cooperate on their son’s educational and therapeutic needs and saying his behavior had hurt the boy’s well being.
