A judge ruled to dissolve Halle Berry’s ex-husband Olivier Martinez’s domestic violence restraining order against the actor amid their ongoing custody battle.
Superior Court Judge Shelley Kaufman dissolved a temporary restraining order filed against Berry after Martinez requested for a domestic violence restraining order to be made permanent, according to court documents viewed by ABC News and the Los Angeles Times.
Kaufman reportedly stated that Martinez “did not sustain the applicable burden of proof” in favour of his protective order request, the Los Angeles Times reports
Global News has not independently viewed the court documents.
Berry’s lawyer Marina Beck said the 60-year-old actor is “extremely pleased that the Court has dissolved the temporary restraining order.”
“As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family,” her lawyer told the Los Angeles Times.
Kaufman also awarded Martinez primary physical custody of their 13-year-old son Maceo, with a custody arrangement giving Berry visitation on Mondays and Tuesdays, as well as “alternating weekends of the month,” according to the outlets.
The custody arrangement will remain in place until November, when the former couple is expected to return to court.
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Following the judge’s decision, Martinez’s lawyer told ABC News that he was happy with the outcome and called it a “child-focused result that is meant not only to protect the minor child but to foster the well-being of the minor child going forward.”
“He values Maceo above his own mental health. Maceo comes first. From our perspective the court rendered order fosters that. Maceo comes first. This is not a gamesmanship to one-up the other party,” Martinez’s lawyer added.
The judgement came weeks after Martinez filed for sole custody and a domestic violence restraining order against the actor on Oct. 1.
In the request, Martinez alleged that the Monster’s Ball actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him,” on Sept. 26, according to USA Today.
Martinez reportedly claimed that this was not the first time that Berry “has physically attacked our son.”
In a statement to Variety, Berry’s lawyer Beck denied the allegations, saying, “To say this filing is entirely meritless and deliberately misleading would be an understatement.”
“There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry’s minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned,” the statement continued.
“In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior,” Beck added.
“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,” the statement concluded.
Berry had asked a court to restore her former custody agreement for her son after Martinez’s filing.
According to court documents, viewed and obtained by People, Entertainment Weekly and Us Weekly, the Gothika actor asked the court to restore her former custody agreement from August 2023, in which the former couple shared joint legal and physical custody.
She also asked to be reinstated as the tie-breaking authority, which she had under their previous agreement, and asked the court to force Martinez to attend their court-ordered therapy sessions, according to People.
Berry has also accused Martinez of turning their son against her, claiming that Maceo reiterates his father’s side of private conversations between his parents, Entertainment Weekly reports.
“The fourth concern is Olivier’s continued attempts to align Maceo with him and against me in many areas of our child’s life and activities which causes Maceo to be angry with me about private issues relating to Maceo which Olivier and I were discussing at the time,” Berry reportedly wrote in the filing.
The Flintstones actor claims that her son often returns from Martinez’s care “angry and combative,” according to the outlet.
Berry and Martinez, who first met while making the 2012 film Dark Tide, tied the knot in July 2013. They welcomed their son Maceo three months after their wedding. By October 2015, Martinez and Berry separated after two years of marriage.
The former couple finalized their divorce in August 2023 after an eight-year legal battle. They both agreed to joint legal and physical custody of their son and Berry agreed to pay Martinez $8,000 a month in child support.
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