Olivier Martinez, Halle Berry’s former husband, has accused the actress of physically abusing their 12-year-old son as he petitions for sole custody and court-ordered protection for himself and the child.
In legal documents obtained by Our News Outlet, Martinez alleged that Berry “physically abused our son by jumping on him and choking him” during an incident on September 26, 2026.
Martinez has since sought a domestic violence restraining order against Berry, requesting protection for both himself and their son.
The filing describes a pattern of alleged conflicts involving Berry, Martinez and their son over the past several years. According to Martinez, the latest confrontation led him to pursue legal action.
“Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to ‘tap out,’” Martinez claimed in the documents.
He further alleged that Berry repeatedly grabbed their son by the back of the neck when he was not expecting it and made him “tap out.” Martinez said Berry characterized the behavior as playful, although their son allegedly did not find it amusing.
Olivier Martinez has accused his former partner Halle Berry of physically abusing their 12-year-old son while seeking sole custody and legal protection for himself and the child
Martinez said the incident that prompted the restraining-order request began when Berry criticized Maceo while he was playing a virtual reality game. She allegedly told him he looked “so stupid” and called him “an idiot” as he wore the VR goggles.
According to Martinez’s account, Berry entered Maceo’s bedroom and began pushing him. He said the initial contact appeared to be playful, but that Maceo asked her to stop so he could finish his game. Martinez alleged that the request caused Berry to become enraged.
The filing claims Berry then criticized Maceo for playing the VR game, telling him he looked “so stupid” and was “such an idiot” for wearing the goggles.
Martinez alleged that the confrontation intensified when Berry climbed onto Maceo and began physically struggling with him. She allegedly grabbed him by the neck and choked him while shouting, “Who is dominant now?! Who is dominant?”
Martinez said Maceo told him he was forced to fight back and eventually managed to break free. The boy then began screaming, prompting Berry’s fiancé to enter the room, according to the filing.
Martinez said Maceo described Berry’s fiancé, Van Hunt, as treating him “fair.” He alleged that Hunt supported Maceo when the boy tried to pack his belongings and Berry objected, saying she had purchased the clothes. According to Martinez, Hunt agreed that Maceo should be allowed to take them, and Berry ultimately permitted him to pack.
Martinez said he received a “frantic call” from Maceo on the night of September 26, with the boy asking him to pick him up “right now.”
He then texted Berry to ask whether she was “OK with it” and could agree to Maceo leaving with him.
Martinez alleged that Berry had repeatedly wrestled their son to the ground and forced him to “tap out” during the previous year and a half
Martinez said Berry responded that she was not comfortable with the arrangement and referred to an alleged fight between herself and their son.
Text messages included in the court filing reportedly show Berry replying to the pickup request: “No I’m not ok with it. He wants to fight his mother?? What kind of kid are we raising.”
Martinez said he spoke with Maceo several more times and could hear Berry during one of the calls. He alleged that Maceo said he was going to “leave forever,” while Berry yelled, “Good. Good. I don’t want to see anymore.”
He also claimed that Maceo sent multiple urgent messages asking when Martinez would arrive to collect him.
When he arrived to the house, Maceo emerged with Hunt, who was carrying bags of Maceo’s clothing and ‘had a shocked look on his face’ when asked by Martinez about what had happened. He alleged Hunt ‘did not respond to my question.’
Martinez was unaware of the alleged physical confrontation between his son and Berry and did not push him for details during the car ride home. Maceo ended up sharing what had allegedly transpired later that night.
The following morning, Martinez allegedly received a text message from Berry which read: ‘Oliver, I’ve reached out to Maceo and asked to speak with him. I know you very much think he makes his own decisions but I would really appreciate it if you would encourage him to speak with me today. I feel terrible about what happened last night as I know he does as well.”
Martinez alleges Maceo no longer wishes to spend time at Berry’s home. ‘I believe he may be traumatized from the incident. My peace was disturbed by the fact that Petitioner physically abused our son,’ he wrote.
In court documents obtained by Our News Outlet, Martinez alleged Berry ‘physically abused our son by jumping on him and choking him’ during a September 26, 2026 incident.
The September incident is allegedly not the first time Berry has physically abused Maceo.
‘Both our son and Petitioner have spoken to me about past attacks. Both have confirmed that Petitioner has unprovokedly attacked our son and has put him in choke holds that she learned while training in mixed martial arts.
‘Our son has repeatedly explained how much he hates this, while Petitioner has downplayed the incidents, claiming she was just joking or playing with him.’
It escalated to the point that Maceo allegedly told his father, ‘”The next time she does that, I’m going to kick her a**.”‘
Martinez further alleged, ‘While the September 26, 2026 incident in which Petitioner choked our son is the latest incident of abuse, I contend there have been other instances of abuse over the course of the last few years.
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‘These other incidents involve additional physical attacks against our son, as well as verbal and emotional abuse from Petitioner to me.
‘All of these incidents of disturbed my peace and is conduct that falls within the scope of the Domestic Violence Protection Act. I have significant concerns about Petitioner’s mental health, as well as her alcohol abuse, which I believe have contributed to her abusive conduct.’
Martinez also accused Berry of slapping Maceo in the face twice around five years ago.
‘I am aware of the fact that Petitioner has struck Maceo in the face before,’ he says. ‘Specifically, she slapped him in the face twice, approximately 5 years ago. While I don’t have personal knowledge of this incident, I believe that Maceo would testify to this if he were asked by the Court or a Court appointed evaluator.’
The two wed in 2013 — the same year they welcomed their son Maceo Robert, 12 —and split in 2016
Martinez, who has 50-50 custody of Maceo with Berry, is now seeking sole custody of their son.
Martinez also claims he endured ’emotional and mental distress caused by racially charged statements made by Ms. Berry to Maceo.’
In 2023, Berry allegedly told Maceo that his father is ‘”a white b**ch trying to rob a black woman” due to child support issues. Ms. Berry then asked our son, “How do you feel about that as a black man?”, according to the documents.
‘Ms. Berry has also caused our son great emotional and mental distress by threatening to have me deported to France,’ he further alleged.
He is now seeking to have Berry remain 100 yards away from them, attend a 52-week batterer intervention program, and be ordered to remain sober while caring for Maceo.
‘An Order that Ms. Berry must not drink or be under the influence of alcohol or other substances while exercising visitation with or custody of Maceo. Ms. Berry shall complete Sober Link testing before, during, and after visitation with Maceo at intervals the Court deems appropriate. Ms. Berry shall complete any other test the Court deems appropriate for protecting Maceo.’
Our News Outlet has contacted representatives for Berry and Martinez for comment but have not heard back yet.
Berry and Martinez were married for just three years and endured a bitter custody battle over their son.
Berry met Martinez — dubbed the ‘French Brad Pitt’ — on set of Dark Tide, which was filming in South Africa in 2010.
The two wed in 2013 — the same year they welcomed their son Maceo Robert, 12 —and split in 2016.
The couple’s divorce was finalized in 2023, with the outcome being joint custody and Halle paying child support.
But in 2024, Berry launched a legal battle against the actor as she claimed he was trying to take time off from their co-parenting therapy – requesting that he is compelled to participate.
In October, a judge sided with the actress, but noted that Martinez already complied with her request after she took him to court.
Berry has been engaged to Van Hunt since earlier this year; pictured last year
In documents obtained by US Weekly, Berry claimed she has spent over $200,000 in legal fees including ‘voluntarily’ contributing $80,000 towards Martinez’s own legal expenses.
She also claimed the actor was supporting himself financially using her child support payments.
Berry was seeking sole custody of their child as she claimed Maceo is struggling in school and that he is, ‘grade levels behind,’ adding he’d been diagnosed with ADHD and mild dyslexia.
Berry added that Martinez was, ‘either oblivious’ to his difficulties or, ‘carelessly disregards them,’ which she said proves he’s unfit for custody.
Martinez was also involved in an infamous fight with Berry’s ex-boyfriend Gabriel Aubry, with whom she shares daughter Nahla.
Martinez started dating Berry the same year she and Aubry announced their split.
The two made headlines in 2012 when they got into a fight with her ex Aubry during Thanksgiving. The model had dropped daughter Nahla off at Berry’s Los Angeles home.
That is when Martinez and Aubrey got into a verbal which soon turned physical. Aubrey claimed the S.W.A.T. actor threatened to kill him. Both men had to go to the hospital for their injuries.
Aubrey was arrested and issued a restraining order as a result of the incident.
Earlier this year, Berry announced her engagement to Grammy-winning boyfriend Van Hunt after five years together.
