A Los Angeles judge on Thursday dismissed a temporary domestic violence restraining order filed against Oscar-winning actress Halle Berry by her former husband, French actor Olivier Martinez, concluding a contentious nine-day hearing over their 13-year-old son, Maceo.
Los Angeles Superior Court Judge Shelley Kaufman dissolved the protective order and rejected Martinez’s request for a permanent domestic violence restraining order, Page Six and TMZ reported. However, Kaufman ruled that Martinez will retain primary physical custody of the teenager for now, leaving the former couple to share joint legal custody.
Custody terms remain contested
Berry’s attorney, Marina Beck, welcomed the dismissal of the protective order in a statement released Thursday.
“We are extremely pleased that the Court has dissolved the TRO,” Beck told Page Six. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”
The decision resolves the immediate threat of a protective order that could have fully separated Berry from her son, but the broader fight over parenting time remains active. Martinez’s attorney, Patrick Baghdaserians, told TMZ that Berry’s legal team had petitioned the court to reinstate an equal 50-50 custody division, an effort the judge denied. Under the current temporary conditions, Martinez holds primary physical custody, and TMZ reported Berry cannot exercise overnight visitation.
A spokesperson for Berry emphasized to TMZ that the 60-year-old actress preserves joint legal custody, which includes tie-breaking power should the two parents reach an impasse regarding major welfare decisions. According to Us Weekly, the temporary living framework established alongside the earlier restraining order will stay active until a future hearing.
Allegations and heated testimony
The bitter legal confrontation escalated earlier this month after Martinez filed for a protective order, alleging that Berry physically abused Maceo during a Sept. 26 dispute. Berry denied the accusations, with her legal team labeling the claims baseless and misleading.
Over the course of the multi-day proceedings, testimony was heard behind closed doors. Witnesses included Maceo, who testified in a sealed courtroom on Oct. 19, alongside a school administrator and a therapist, Page Six reported. Berry and Martinez both took the stand, as did Berry’s fiancé, musician Van Hunt, and her 18-year-old daughter, Nahla Aubry. Aubry submitted a declaration stating she had never witnessed Berry act violently toward her brother.
Court filings from Berry painted a contrasting picture of the family dynamic. Berry argued that Martinez had systematically alienated Maceo, undermined his schooling, and interfered with critical therapeutic interventions, according to court documents reviewed by the Daily Mail. Berry asked the court to award her sole legal authority regarding healthcare and education, citing reports from school administrators detailing behavioral problems.
What comes next
Berry and Martinez married in 2013 and separated two years later, though their divorce was not formally finalized until August 2023. Tensions over their co-parenting agreement have repeatedly returned the former couple to court.
Baghdaserians told TMZ that the judge is slated to revisit the custody arrangements again in November, providing both sides another opportunity to argue how parenting time should be permanently divided.
