Halle Berry and Olivier Martinez Custody Battle: Judge denies restraining order as son Maceo’s custody arrangement continues

Halle Berry and Olivier Martinez remain in a custody dispute over their 13-year-old son, Maceo, following weeks of court hearings and serious abuse allegations. A judge has denied Martinez’s request for a domestic violence restraining order against Berry, but their custody arrangement remains unsettled. According to PEOPLE and TMZ, the court has kept temporary visitation changes in place while further custody discussions are expected in November.

Why was Olivier Martinez’s restraining order denied?

Martinez accused Berry of physically abusing their son during an alleged incident on September 26. On October 1, he sought sole custody of Maceo, citing that incident and other alleged instances of abuse. Berry has denied the accusations. In a declaration obtained by PEOPLE, she stated, “I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.”


She added, “I am not a perpetrator of violence. I would never hurt our child.”

After nearly two weeks of testimony, Martinez’s temporary restraining order was dissolved, and his request for a domestic violence restraining order was denied, a source told PEOPLE.

Berry’s attorney, Marina Beck, said, “We are extremely pleased that the Court has dissolved the TRO.” She added that Berry remained focused on her family’s well-being.

Who has custody of Halle Berry’s son Maceo?

Despite the restraining order decision, the custody dispute is not over. PEOPLE reported that the modified visitation arrangement has been temporarily extended until the parties return to court in November. However, TMZ reported that Martinez currently has primary physical custody of Maceo. His attorney, Patrick Baghdaserians, described the ruling as a “huge victory.” Berry’s representative said she still has joint legal custody and holds the deciding vote if the parents disagree.

The court had previously limited Berry’s visitation to Mondays and Tuesdays, as well as Saturdays and Sundays, from 10 a.m. to 8 p.m.

What happened during the custody hearings?

Maceo testified in a closed hearing after the judge ruled that his testimony could be limited to the restraining order request. Martinez said his son wanted the chance to explain his experience and custody preferences. Berry had objected to Maceo testifying, arguing that Martinez was overlooking other eyewitnesses, including her daughter Nahla and fiancé Van Hunt.

The dispute has also included a social media controversy. After a post appeared on Berry’s Instagram account, Martinez’s legal team asked to reopen evidence. Judge Kaufman denied that request. The court is expected to revisit the custody arrangement in November.