Halle Berry Scores Major Court Victory as Judge Tosses Ex Olivier Martinez’s Restraining Order Over Abuse Claims
A California judge has officially thrown out Olivier Martinez’s request for a permanent domestic violence restraining order against his ex-wife Halle Berry, dismantling the emergency restrictions that had temporarily curtailed her parental access.
Los Angeles Superior Court Judge Shelley Kaufman ruled that Martinez will retain the primary physical custody initially granted under an emergency order, but the former couple will continue to share legal custody of their 13-year-old son, Maceo. Crucially for Berry, the court dissolved the temporary restraining order that followed allegations she physically harmed the teenager.
The decision caps a combative, nine-day hearing in Los Angeles that featured closed-door testimony from therapists, educators, and family members. While Martinez fought for complete legal and physical control, the bench rejected his push to permanently bar the Oscar-winning actress under a domestic violence protective order.
“We are extremely pleased that the Court has dissolved the TRO,” Berry’s attorney, Marina Beck, stated following the ruling. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”
Inside the High-Stakes Custody Showdown
The bitter legal battle erupted when Martinez filed for a domestic violence restraining order, alleging that Berry choked their son during an altercation. The 60-year-old French actor demanded sole physical and sole legal custody, prompting the court to issue a temporary protective order.
Berry vehemently denied every allegation of abuse from the outset. Instead, her legal team presented evidence arguing that Martinez was manufacturing conflict and actively disrupting their son’s educational and mental health support systems.
Halle Berry leaves the Stanley Mosk Courthouse in Los Angeles.
Rather than retreating, Berry pushed back aggressively in court filings. She petitioned the bench to dismiss the restraining order entirely, lift all provisional restrictions, and grant her sole legal authority—or at minimum, tie-breaking power over major medical and schooling choices.
Olivier Martinez outdoors in Los Angeles.
Nine Days Behind Closed Doors
The evidentiary hearing laid bare deep family tensions inside the Stanley Mosk Courthouse. Maceo provided nearly four hours of sealed testimony on the first day of proceedings, flanked by evaluations from his personal therapist and an official from his school.
Tensions ran extraordinarily high throughout the witness phases. Martinez stormed out of the courtroom while using profanity, visibly frustrated by the closed-door proceedings.
Halle Berry departs court during the multi-day custody hearing.
Witnesses who took the stand to support Berry included her fiancé, musician Van Hunt, and her 18-year-old daughter, Nahla Aubry. Aubry submitted a formal declaration stating she was utterly shocked by Martinez’s claims and affirmed she had never seen her mother act aggressively toward her younger brother.
Maceo Martinez pictured in a family photograph.
Debunking the Restraining Order Narrative
A widespread misconception in celebrity family law disputes is that the issuance of an emergency temporary restraining order indicates wrongdoing. In reality, courts frequently issue temporary orders on an ex parte basis out of extreme caution until full witness testimony can be cross-examined.
When Judge Kaufman evaluated the actual evidence across nine days of sworn testimony, the allegations failed to meet the threshold required for a permanent domestic violence finding. The court systematically tossed Martinez’s petition, dissolving the protective measures that hung over Berry.
Halle Berry walking with children in a parking lot.
Beck pointed directly to Martinez’s own legal record during the contentious proceedings.
“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 — misconduct for which Mr. Martinez has already been legally sanctioned.”
Olivier Martinez walking his dog in Los Angeles.
Ruling Breakdown: Martinez vs. Berry
The bench delivered a split legal outcome that rebalances authority between the two parents while closing the door on criminal-level domestic violence findings.
| Legal Custody Issue | Final Court Determination |
|---|---|
| Restraining Order (DVRO) | Denied and dismissed; all temporary restrictions on Berry dissolved. |
| Legal Custody | Shared joint legal custody remains intact between Berry and Martinez. |
| Physical Custody | Martinez retains primary physical custody granted during initial filings. |
| Sole Custody Requests | Both Martinez’s bid for sole custody and Berry’s bid for sole authority were rejected. |
Van Hunt and Halle Berry arriving at court proceedings in Los Angeles.
An Eight-Year Post-Divorce Saga
The latest court showdown is another chapter in what has proven to be one of Hollywood’s most protracted custody sagas. The pair married in July 2013 and separated just two years later in 2015.
Although a judge declared both parties legally single in December 2016, unresolved disagreements over finances and co-parenting delayed their finalized divorce until August 2023. Even with the divorce finalized, disputes regarding Maceo’s education and therapeutic care continued to simmer, culminating in the dramatic nine-day courtroom clash.
With the restraining order officially vacated, Berry removes a major legal cloud while keeping shared parental governance firmly in place.
💬 High-conflict celebrity custody battles highlight just how difficult co-parenting can become after divorce.
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