Halle Berry Accused of Choking Son in Olivier Martinez Filing

• Olivier Martinez, 60, asked a court on Thursday, Oct. 1, for sole custody of the former couple’s 12-year-old son, alleging Halle Berry choked the boy during an argument on Sept. 26.
• A judge granted a temporary restraining order that keeps Berry 100 yards from Martinez and limits her time with their son to two days a week and every other weekend until a hearing on Oct. 16.
• Berry’s lawyer, Marina Beck, called the filing “entirely meritless and deliberately misleading.” The accusation has not been proven in court.

Olivier Martinez has accused his ex-wife Halle Berry, 60, of choking their 12-year-old son, and he has asked a court for sole custody of the boy. A judge granted a temporary restraining order on Thursday, and a hearing is set for Oct. 16. Berry’s lawyer disputes the accusation.

What does Olivier Martinez say Halle Berry did?

According to his petition, the incident happened on Saturday, Sept. 26, while the couple’s son was playing a game with virtual reality goggles. Martinez wrote that Berry told the boy he looked “so stupid” and was “such an idiot,” and that the argument escalated.

He says Berry “physically abused our son” by “jumping on him, putting her hands around his neck, and choking him.” The petition also says she shouted “Who is dominant now?!” as she grabbed the boy by the neck.

Martinez wrote that there were “other instances of abuse over the course of the past few years,” including more physical attacks, as well as verbal and emotional abuse. He asked for a restraining order covering himself and the boy, plus sole custody.

What did the judge order, and what happens on Oct. 16?

According to the court documents, the temporary restraining order requires Berry to stay 100 yards from Martinez. Her time with their son is limited to a court-ordered schedule of two days a week and every other weekend. Before the order, the two shared joint legal custody.

The order also sets sobriety testing around visits, bars alcohol or other substances in front of the boy, and sends both parents to confidential mediation over custody.

A temporary order is short-term by design. California’s court system explains that a judge generally rules on the request within 24 hours of the filing, and that the order lasts only until the court date. At that hearing the judge decides whether to issue a longer restraining order, which can run up to five years.

Neither the temporary order nor the filing is a finding that the accusation is true.

How did Halle Berry respond?

Berry responded through her attorney, Marina Beck.

To say this filing is entirely meritless and deliberately misleading would be an understatement.

Marina Beck, attorney for Halle Berry

Beck said there is “voluminous evidence, including numerous judicial rulings,” that Martinez repeatedly violated court orders and interfered with “necessary therapeutic and educational interventions” for the boy, and that he has “already been legally sanctioned” for it.

She called the filing “not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior.” Berry, Beck added, is “deeply saddened” but “will not allow it to deter her from fighting for [their son’s] best interests.”

What is the history of Berry and Martinez’s custody case?

Berry and Martinez married in 2013 and filed for divorce in October 2015. The divorce was finalized in 2023, and they agreed to share joint legal custody of their son.

The fight over the boy has been in court before. In August 2024, Berry herself asked for sole custody, alleging Martinez’s “turbulent and detrimental behavior” was harming him.

More on Halle Berry and the rest of our Celebrities coverage. Another family-court story this month: Dolly Parton’s estate won a restraining order against her nephew. And on the split beat: Amanda Seyfried and Thomas Sadoski’s nine-year marriage ending.

— Bruno Monteiro

Sources: Olivier Martinez’s petition and the temporary order, as reported from court documents by TMZ, Page Six and the Daily Beast, Oct. 1, 2026; statement by Marina Beck, attorney for Halle Berry, as published by Variety and Perez Hilton; Daily Beast and People on the 2023 divorce and the August 2024 custody filing; California Courts Self-Help Center on temporary restraining orders and hearings. Photos and video: official channels of TODAY, The Drew Barrymore Show, The Graham Norton Show and CBS Mornings; Olivier Martinez on The Ellen DeGeneres Show.