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Halle Berry Faces a Restraining Order After Being Accused of Trying to Suffocate Her 12-Year-Old Son

Olivier Martinez, the Hollywood star's ex-husband, filed for sole custody of the child after reporting an alleged assault that occurred on Sept. 26. The actress denied the allegations through her attorney.

Halle Berry, wearing a Gucci and Cartier ensemble, at the world premiere of

Halle Berry, wearing a Gucci and Cartier ensemble, at the world premiere of "Crime 101"NurPhoto via AFP

Diane Hernández
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Actress Halle Berry is facing a new legal battle with her ex-husband, French actor Olivier Martinez, who is accusing her of physically assaulting their 12-year-old son and has requested sole custody of the child.

According to documents filed with the Los Angeles Superior Court and cited by TMZ, Martinez claims that the incident occurred on Sept. 26, when Berry allegedly grabbed the child by the neck and tried to choke him during an argument at the actress's home. The actor claims that his son later called him to ask him to come pick him up.

The actress must remain more than 100 yards away from her ex-husband

A judge granted Martinez a temporary restraining order against Berry, which requires the actress to stay 100 yards away from her ex-husband. However, Berry will still be able to see her son during court-ordered visitation: two days a week and every other weekend, at least until a hearing scheduled for Oct. 16.

Martinez has also requested sole legal and physical custody of the child and maintains that the September incident was not an isolated event. Her court documents include other allegations of alleged physical and verbal abuse by Berry.

Legal and physical custody of the son

The actress denied the allegations. Her attorney, Marina Beck, described the lawsuit as baseless and "deliberately misleading," noting that there is a history of legal disputes between the two regarding the child's upbringing and care.
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​Berry and Martinez married in 2013, separated in 2015, and finalized their divorce in 2023, when they agreed to share legal and physical custody of their son. The new legal dispute could alter that agreement depending on what the court determines in upcoming hearings.
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