Olivier Martinez has filed for a temporary restraining order against Halle Berry, accusing the actress of choking their 12-year-old son, Maceo.
The filing, submitted by Martinez, 59, alleges the incident occurred on Sept. 26 and that Berry’s fiancé, musician Van Hunt, was present at the time. The French actor claims Berry, 58, jumped on the boy and put her hands around his neck. Martinez is requesting sole custody of Maceo in the wake of the allegations.

The court documents contain additional claims about Berry’s conduct toward their son over an extended period. Martinez alleges that throughout the last year and a half, Berry had wrestled Maceo to the ground and forced him to “tap out.”

The filing also includes an alleged remark about the former couple’s ongoing child support disputes. Martinez claims Berry told Maceo that he was “a white b—h trying to rob a black woman.”
“Ms. Berry then asked our son, ‘How do you feel about that as a black man?'” Martinez states in the documents.
Berry and Martinez married in 2013 and welcomed Maceo that same year. The couple split in 2015 and finalized their divorce in 2016, but have continued to navigate co-parenting arrangements in the years since. Berry went public with her relationship to Hunt, 54, in 2020, and the couple announced their engagement in 2023.
The restraining order filing represents a significant escalation in the former couple’s post-divorce relationship. Martinez’s request for sole custody would strip Berry of her current shared arrangement and grant him full decision-making authority over Maceo’s upbringing.
Reps for Berry have not issued an immediate response to the allegations contained in Martinez’s filing. The “Monster’s Ball” star has previously been open about the challenges of co-parenting, though she has typically discussed those difficulties in broader terms rather than addressing specific conflicts with Martinez.
The allegations emerge as Berry continues her engagement to Hunt and maintains an active presence in film and television. The actress, who won an Academy Award for Best Actress in 2002, has also been involved in various producing projects in recent years.
Martinez’s claims are now subject to judicial review, with courts weighing the severity of the allegations against standard custody evaluation protocols. The temporary restraining order request suggests an immediate concern for Maceo’s safety, while the broader custody petition indicates Martinez seeks a permanent restructuring of the parenting arrangement.

