Halle Berry accused of choking 12-year-old son as ex pleads for sole custody in restraining order filing

By Page Six | Created at 2026-10-01 22:38:56 | Updated at 2026-10-02 04:36:23 7 hours ago

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Halle Berry’s ex-husband Olivier Martinez has filed a temporary restraining order against the actress, accusing her of physically abusing their son, Maceo.

On Sept. 26, Berry allegedly jumped on their 12-year-old son, put her hands around his neck and choked him, Martinez claimed in new court docs obtained by Page Six on Thursday.

Berry’s fiancé, Van Hunt, was allegedly present during the incident, according to Martinez, who claimed the argument began after Berry told Maceo he looked “stupid” and was “such an idiot” for playing a game with his virtual reality goggles.

Halle Berry’s ex-husband Olivier Martinez (seen above together in happier times in October 2012) has filed a restraining order against the actress, accusing her of physically abusing their son, Maceo. Getty Images
Martinez accused Berry of choking their son (pictured here in October 2021) during an alleged incident that occurred on Sept. 26, per court documents obtained by Page Six Thursday. 4CRNS, WCP / BACKGRID

“The situation escalated and Petitioner jumped on our son and started physically fighting with him,” Martinez alleged in the docs. “She grabbed Maceo by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?!’”

Martinez claimed that a panicked Maceo called him to pick him up after the alleged incident — and said he doesn’t want to return to his mom’s house due to being “traumatized.”

Furthermore, Martinez alleged in the docs that Berry has been abusive toward their son on multiple occasions and that this wasn’t an isolated incident: “Throughout the last year and a half, Ms Berry had wrestled Maceo to the ground and forced him to ‘tap out.'”

Martinez also alleged in the filing that Berry has caused Maceo mental and emotional distress due to making racially charged statements. He claimed that, back in 2023, the Oscar winner allegedly told their son his dad was “a white b—h trying to rob a black woman” due to their child support issues.

The French actor (seen here with Maceo in April 2021) claimed in the docs that his ex-wife jumped on Maceo, put her hands around his neck and choked him. BACKGRID
Martinez has requested sole custody of Maceo. The exes are seen here in February 2015. Joshua Blanchard

“Ms. Berry then asked our son, ‘How do you feel about that as a black man?'” he claimed, per the docs.

Martinez also alleged in the filing that he has “significant concerns” about Berry’s mental health, “as well as her alcohol abuse,” which he believes has “contributed to her abusive conduct.”

Martinez is requesting sole custody of Maceo, in addition to the restraining orders for him and his son.

Page Six has reached out to reps for Berry and Martinez, but did not receive an immediate response.

Berry and Martinez, both 60, were married for two years before splitting in October 2015. Their contentious divorce took eight years to finalize.

Berry and Martinez (seen here in August 2010) were married for two years and split in 2015. Getty Images
They had an extremely contentious divorce that took eight years to finalize. They’re seen here in February 2011. WireImage

Back in September 2024, she claimed in a court filing that she’s spent over $200,000 trying to co-parent Maceo amid their bitter custody battle.

“I have done everything possible to work with Olivier, to communicate with him, and to engage him in the decision-making process regarding our son in an amicable way,” she wrote in court docs.

Berry argued that her ex had “refused to co-parent and communicate with me in a child-centered way” and that he instead had “been oppositional and unmovable on all major issues relating to Maceo.”

Berry is also a mom to daughter Nahla, 18, whom she shares with ex Gabriel Aubry.

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