restraining order

Halle Berry’s efforts against ex-husband Olivier Martinez’s domestic violence restraining order have proved successful, after two weeks of hearings in Los Angeles.

A Los Angeles County Superior Court judge ruled to dissolve Martinez’s temporary restraining order against the Oscar winner during a closed hearing on Thursday and denied his request for a protective order, according to a minute order reviewed by The Times. Judge Shelley Kaufman granted Martinez’s restraining order earlier this month after he accused the actor of physically abusing their 13-year-old son Maceo. The court document states that Martinez “did not sustain the applicable burden of proof” in favor of his protective order request.

“We are extremely pleased that the Court has dissolved the [temporary restraining order],” Berry attorney Marina Beck said in a statement to The Times. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”

While the decision might alleviate some legal tension for the film star, the Thursday filing also stated that Berry’s visitation time remains limited to Monday and Tuesday from 10 a.m. to 8 p.m., and every other weekend Saturday and Sunday from 10 a.m. to 8 p.m. When Berry and Martinez (married from 2013 to 2015) settled their divorce in August 2023, they agreed to joint physical and legal custody of their son. Kaufman modified the terms of visitation, barring the child from staying overnight with Berry, when she granted Martinez’s temporary restraining order.

Martinez’s attorney Patrick Baghdaserians told The Times his client was “very happy” with the judge’s order keeping Berry’s limited visitation. Thursday’s decision was “really focused on the best interests of the minor child,” he said.

According to the filing, Kaufman decided “all other orders regarding custody and visitation remain in full force and effect including holidays and vacation.” Previous legal custody orders will also remain in full force and effect, Kaufman said.

Berry and her son must attend 12 sessions of “safe haven joint therapy” in six months after a therapist has been appointed, the order said. A hearing to appoint that therapist is scheduled for Nov. 4.

Thursday’s judgment came down weeks after Martinez raised scathing abuse allegations in a request for a domestic violence restraining order against Berry filed Oct. 1. Martinez’s request centered on an alleged Sept. 26 incident involving Berry and their son. Martinez alleged the actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him,” according to court documents. His filing also included a declaration of Berry’s alleged history of abuse, and screenshots of his text conversation with Berry following the alleged September incident in which she appears to have written, “I feel terrible about what happened last night.”

Berry’s legal team downplayed Martinez’s restraining order and allegations, telling The Times in a statement, “to say this filing is entirely meritless and deliberately misleading would be an understatement.”

Her attorney added: “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”

In his request, Martinez also asked a judge to bar Berry from contacting and coming within 300 feet of him and their son. Additionally, Martinez requested that the judge order Berry to refrain from drinking during her agreed-upon parenting time with their son and that she undergo sobriety testing “before, during and after visitation” at intervals the court deems fit. He requested that the judge order Berry to pay legal fees, grant him sole legal and physical custody of the 13-year-old boy and do away entirely with Berry’s visitation time.

After the restraining order, several of Berry’s loved ones voiced their support for the actor. Nahla Aubry, the 18-year-old daughter Berry has kept largely out of the public eye, was among them. Aubry spoke out against her former stepfather Martinez and said of Berry, “I have never witnessed her act violently toward anyone.” She also pointed to a 2012 brawl between her father, Gabriel Aubry, and Martinez.

Berry’s fiancé, Van Hunt, and her attorneys also filed declarations vouching for the “Monster’s Ball” actor. Hunt accompanied Berry during the past weeks’ hearing. Berry and Martinez’s son also testified on the restraining order, despite Berry’s objections.

Times editorial library director Cary Schneider contributed to this report.

Halle Berry has several loved ones in her corner amid her contentious custody case with ex-husband Olivier Martinez, who accused the Oscar winner of physically abusing their 12-year-old son. Among the actor’s supporters is Nahla Aubry, the 18-year-old daughter Berry has kept largely out of the public eye.

Aubry, whom Berry shares with ex-boyfriend Gabriel Aubry, spoke against her former stepfather Martinez and in support of her mother in a declaration filed Monday in Los Angeles Superior Court. In his request for a restraining order filed last week, Martinez accused Berry of physically abusing their son, Maceo, “putting her hands around his neck, and choking him” during a Sept. 26 incident. Martinez was granted the restraining order and is seeking sole legal and physical custody. Nahla Aubry said in her declaration, obtained by The Times, that Martinez’s allegations left her “shocked, very sad, and very upset.”

“The statements Olivier claims my mom made are wholly inconsistent with the values she has taught me my entire life,” Aubry said. She added elsewhere in her declaration: “I have never witnessed her act violently toward anyone.”

A legal representative for Martinez did not immediately respond on Thursday to The Times’ request for comment.

In her declaration, Aubry spoke about her experiences splitting time between her mother and father’s homes amid their separation and and said her mother “consistently provided me with stability, support, guidance” and that she “never heard” the actor speak negatively about her family or her ex-boyfriend. Aubry said she lived with her brother for most of her life and has “never heard my mom say anything about Olivier” to her brother, contradicting claims Martinez raised in his request for a protective order.

Martinez pointed to an alleged 2023 incident when Berry is accused of telling their son, then 9, that his father is “ ‘a white b— trying to rob a Black woman’ due to child support issues,” according to court documents. She added that Berry has “always” encouraged her children to keep “loving relationships with our fathers.” Aubry also said in her declaration that while Berry can be strict, she is also “warm, supportive and deeply involved in our lives.”

“I have never witnessed her act violently toward anyone, however, I do remember Olivier beating up my father in our driveway when I was little,” she said, referring to a 2012 brawl between Gabriel Aubry and Martinez.

In addition to denying the claims of abuse against her mother, Aubry spoke about her stepbrother’s behavior, writing in his declaration he can be “very impulsive” and “often acts without thinking and then refuses to take responsibility for his actions.” Aubry noted she last spoke to her brother a day after the alleged September incident and that he did not seem upset, and that the current restraining order prohibits her from contacting her brother.

Berry’s fiancé, Van Hunt, and her attorneys also filed declarations in favor of the “Monster’s Ball” actor. Attorney Marina Z. Beck in her declaration accused Martinez of refusing to provide information to Berry about their son and his education, of interfering with their son’s therapy and of refusing to follow therapist recommendations. The court documents also include screenshots of text message exchanges between Berry and Martinez and an email from their son’s school about his disruptive behavior days after the alleged incident.

Berry and Martinez were married from 2013 from 2015. Their divorce finally ended in August 2023, when they agreed to joint custody of their son and Berry agreed to pay Martinez $8,000 a month in child support.

In his request for a restraining order, Martinez also asked that Berry refrain from drinking or partaking in other substances during her visitation time and asked that she complete sobriety testing “before, during and after” her visitation, according to court documents. The judge denied those sobriety testing requests until a further hearing for the order on Oct. 16.

Patrick Baghdaserians, an attorney for Martinez, told The Times last week the welfare and safety of Berry and Martinez’s child remains paramount.

Halle Berry is speaking out against her ex-husband Olivier Martinez, after he accused the actor of physically abusing their 12-year-old son and was granted a restraining order against the Oscar winner.

Marina Beck, an attorney for the 60-year-old “Catwoman” and “John Wick: Chapter 3” star, in a statement downplayed Martinez’s protective order, granted Thursday by a Los Angeles Superior Court judge.

“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said, later accusing Martinez of repeatedly violating court orders and interfering with “necessary therapeutic and educational interventions to the detriment” of his son with Berry.

The attorney added: “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”

Patrick Baghdaserians, an attorney for Martinez, did not comment on the statement from Berry’s legal team, but said the welfare and safety of Berry and Martinez’s child remains paramount.

According to the order reviewed by The Times, Berry is prohibited from contacting Martinez, 60, and their son Maceo beyond the terms of her August 2023 split-custody agreement. The judge also modified the actor’s visitation time, limiting her hours with her son to Mondays, Tuesdays and weekends between 10 a.m. and 8 p.m.

Berry and Martinez wed in France in July 2013, shortly after confirming they were expecting a baby together. They welcomed their son in October. Berry shares a daughter with ex-boyfriend Gabriel Aubry. The actor was also previously married to ex-MLB pro David Justice and singer-actor Eric Benét and is currently engaged to musician Van Hunt.

Berry filed to divorce Martinez in October 2015. Their divorce finally came to an end after eight years in August 2023, when they agreed to joint custody of their son and Berry agreed to pay Martinez $8,000 a month in child support. The “Monster’s Ball” actor was also ordered at the time to also pay Martinez 4.3% of any income she receives above $2 million.

Martinez’s request for a domestic violence restraining order centered on an alleged Sept. 26 incident involving Berry and their son. Martinez alleged the actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him.”

The financial terms of their divorce also appeared to be central to another alleged incident in 2023, when Berry allegedly told Maceo, then 9, that his father is “ ‘a white b— trying to rob a Black woman’ due to child support issues,” the request said. Martinez’s filing included a declaration of Berry’s alleged history of abuse, screenshots of his text conversation with Berry following the alleged September incident in which she appears to have written, “I feel terrible about what happened last night.”

Martinez requested sole legal and physical custody of Maceo. He also asked that Berry refrain from drinking or partaking in other substances during her visitation time and asked that she complete sobriety testing “before, during and after” her visitation, according to court documents. The judge denied those sobriety testing requests until a further hearing for the order on Oct. 16.

Berry has been a vocal supporter for victims of domestic violence and a volunteer at the Jenesse Center, a nonprofit organization dedicated to domestic violence intervention and prevention. The actor has also spoken about her own experience with domestic violence growing up. She recalled her father’s abusive treatment of her mother during a gala in 2015.

“She stayed for too long and her children, my sister and I, saw far too much and I’ve suffered the damage of being a child of domestic violence,” Berry said at the time.

Former Times staff writer Jonah Valdez contributed to this report.