Halle Berry’s ex Olivier Martinez accuses her of ‘choking’ their son, 12, and demands sole custody as he files for restraining order

Halle Berry’s ex Olivier Martinez has accused her of physically abusing their 12-year-old son as he seeks sole custody over their child and legal protection from her. 

In court documents obtained by The Daily Mail, Martinez alleged Berry ‘physically abused our son by jumping on him and choking him’ during a September 26, 2026 incident. 

Martinez has now filed a restraining order against Berry which protects both himself and their son from the actress. 

Court documents lay bare a series of alleged disputes between Berry, Martinez, and their son over the last few years – with the most recent one prompting him to take legal action against her. 

‘Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to “tap out,”‘ Martinez alleged. 

The documents allege Berry has ‘grabbed our son’s neck from the back when he is not looking and forced him to tap out’ multiple times previously – instances that she allegedly insisted were done in jest, but which their son disliked.  

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.’ 

Martinez alleged 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. 

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. 

‘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.’

Martinez, who has 50-50 custody of Maceo with Berry, is now seeking sole custody of their son.  

The Daily Mail has contacted representatives for Berry for comment but have not heard back.  

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.

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.