Judge Denies Olivier Martinez’s Restraining Order Against Halle Berry, Dissolving Protective Order Over Son Maceo
A California judge has officially denied Olivier Martinez’s request for a permanent domestic violence restraining order against his ex-wife Halle Berry, dissolving the temporary protective order previously in place. The high-stakes ruling follows nearly two weeks of testimony surrounding the former couple’s 13-year-old son, Maceo.
While the temporary restraining order has been dismissed, the ongoing Halle Berry custody battle is far from settled. The court ruled that the temporarily modified visitation schedule between Berry and Maceo will remain active until both parties return to court for a formal review in November.
The decision caps off an intense legal standoff that began when Martinez sought sole custody and emergency protective measures following an alleged late-September altercation.
Inside the Courtroom: Why the Restraining Order Was Dissolved
Martinez initially petitioned the court for a domestic violence restraining order on Oct. 1, alleging that Berry was physically violent toward Maceo during a Sept. 26 incident. Martinez also claimed there were other instances of abuse in recent years, prompting an emergency temporary restraining order (TRO) while hearings took place.
Following almost two weeks of evidence and witness statements that began on Monday, Oct. 19, the judge found the allegations insufficient to sustain a permanent protective order. The judge formally dissolved the TRO, handing Berry an essential legal victory heading into the next phase of custody hearings.
Halle Berry and Van Hunt arriving at the Los Angeles County courthouse.
Berry’s legal counsel immediately addressed the court’s findings.
“We are extremely pleased that the Court has dissolved the TRO,” Marina Beck, attorney for Berry, said in a statement. “As we move forward, Halle is determined to continue to focus on the well-being and best interest of her family.”
Conflicting Declarations: Claims of Abuse Meet Sharp Denials
The dispute intensified when Martinez claimed in legal declarations that he acted strictly out of concern for his son’s physical and emotional safety. Martinez maintained that his filing was aimed at shielding Maceo from harm and giving the teen an opportunity to be heard.
“My paramount concern is and always has been the health, welfare, and safety of our son, Maceo,” Martinez previously stated. “My actions are solely motivated by protecting him.”
Berry quickly pushed back against Martinez’s narrative in a sworn declaration filed on Monday, Oct. 5. The Oscar-winning actress completely denied ever harming her son, pointing out her longstanding public advocacy and personal history as a survivor.
“I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence,” Berry declared. “I am not a perpetrator of violence. I would never hurt our child.”
Olivier Martinez arrives at the Stanley Mosk Courthouse.
Eyewitness Evidence and Maceo’s Testimony
Before the ruling, Berry objected to having Maceo take the stand, expressing concern that the teenager could be coached and manipulated by Martinez. She also pointed out that Martinez ignored declarations from eyewitnesses present during the alleged Sept. 26 incident, including her 18-year-old daughter, Nahla Ariela, and fiancé Van Hunt.
The judge ultimately allowed Maceo to address the court in a closed hearing earlier in the month, though his testimony was strictly limited to Martinez’s request for the restraining order rather than broader custody matters.
The Current Visitation Setup: Fact vs. Fiction
A widespread misconception in celebrity family law disputes is that dissolving a temporary restraining order immediately restores an original, unrestricted parenting plan. In reality, procedural caution often dictates that existing interim schedules stay put until a complete custody review is conducted.
Even though Martinez’s restraining order was thrown out, the court opted to keep the modified visitation rules established on Oct. 1 intact through the next court date.
| Legal Issue | Current Court Ruling |
|---|---|
| Domestic Violence Restraining Order | Permanently denied; temporary order dissolved |
| Current Custody Arrangement | Modified hours extended temporarily until November review |
| Berry’s Visitation Windows | Mondays, Tuesdays, Saturdays, Sundays (10 a.m. to 8 p.m.) |
| Sobriety Monitoring Request | Denied due to insufficient information |
| Next Court Appearance | November custody review hearing |
Under this active arrangement, Berry’s contact with Maceo is scheduled for specific blocks: Mondays and Tuesdays from 10 a.m. to 8 p.m., as well as Saturdays and Sundays from 10 a.m. to 8 p.m. The judge previously rejected Martinez’s motion demanding that Berry undergo sobriety monitoring, citing an utter lack of supporting evidence.
Both Berry and Martinez must now prepare their cases for the critical November hearing, where the bench will reexamine the overall custody arrangement and determine the long-term parenting framework for their son.
💬 With the restraining order officially off the table, the legal focus shifts entirely to the upcoming November review.
📱 How courts balance teen testimony and parental disputes remains one of family law’s most heated debates.
👇 Drop your thoughts in the comments below and let us know your take on this latest custody ruling.



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