Halle Berry’s efforts against ex-husband Olivier Martinez’s domestic violence restraining order have proved successful, after two weeks of hearings in Los Angeles.
A Los Angeles County Superior Court judge ruled to dissolve Martinez’s temporary restraining order against the Oscar winner during a closed hearing on Thursday and denied his request for a protective order, according to a minute order reviewed by The Times. Judge Shelley Kaufman granted Martinez’s restraining order earlier this month after he accused the actor of physically abusing their 13-year-old son Maceo. The court document states that Martinez “did not sustain the applicable burden of proof” in favor of his protective order request.
“We are extremely pleased that the Court has dissolved the [temporary restraining order],” Berry attorney Marina Beck said in a statement to The Times. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”
While the decision might alleviate some legal tension for the film star, the Thursday filing also stated that Berry’s visitation time remains limited to Monday and Tuesday from 10 a.m. to 8 p.m., and every other weekend Saturday and Sunday from 10 a.m. to 8 p.m. When Berry and Martinez (married from 2013 to 2015) settled their divorce in August 2023, they agreed to joint physical and legal custody of their son. Kaufman modified the terms of visitation, barring the child from staying overnight with Berry, when she granted Martinez’s temporary restraining order.
Martinez’s attorney Patrick Baghdaserians told The Times his client was “very happy” with the judge’s order keeping Berry’s limited visitation. Thursday’s decision was “really focused on the best interests of the minor child,” he said.
According to the filing, Kaufman decided “all other orders regarding custody and visitation remain in full force and effect including holidays and vacation.” Previous legal custody orders will also remain in full force and effect, Kaufman said.
Berry and her son must attend 12 sessions of “safe haven joint therapy” in six months after a therapist has been appointed, the order said. A hearing to appoint that therapist is scheduled for Nov. 4.
Thursday’s judgment came down weeks after Martinez raised scathing abuse allegations in a request for a domestic violence restraining order against Berry filed Oct. 1. Martinez’s request centered on an alleged Sept. 26 incident involving Berry and their son. Martinez alleged the actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him,” according to court documents. His filing also included a declaration of Berry’s alleged history of abuse, and screenshots of his text conversation with Berry following the alleged September incident in which she appears to have written, “I feel terrible about what happened last night.”
Berry’s legal team downplayed Martinez’s restraining order and allegations, telling The Times in a statement, “to say this filing is entirely meritless and deliberately misleading would be an understatement.”
Her attorney added: “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. 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.”
In his request, Martinez also asked a judge to bar Berry from contacting and coming within 300 feet of him and their son. Additionally, Martinez requested that the judge order Berry to refrain from drinking during her agreed-upon parenting time with their son and that she undergo sobriety testing “before, during and after visitation” at intervals the court deems fit. He requested that the judge order Berry to pay legal fees, grant him sole legal and physical custody of the 13-year-old boy and do away entirely with Berry’s visitation time.
After the restraining order, several of Berry’s loved ones voiced their support for the actor. Nahla Aubry, the 18-year-old daughter Berry has kept largely out of the public eye, was among them. Aubry spoke out against her former stepfather Martinez and said of Berry, “I have never witnessed her act violently toward anyone.” She also pointed to a 2012 brawl between her father, Gabriel Aubry, and Martinez.
Berry’s fiancé, Van Hunt, and her attorneys also filed declarations vouching for the “Monster’s Ball” actor. Hunt accompanied Berry during the past weeks’ hearing. Berry and Martinez’s son also testified on the restraining order, despite Berry’s objections.
Times editorial library director Cary Schneider contributed to this report.
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