Olivier Martinez, Halle Berry’s former partner, has accused the actress of physically harming their 12-year-old son as he petitions for sole custody and court-ordered protection for himself and the child.
According to court records obtained by The Daily Mail, Martinez claims Berry “physically abused our son by jumping on him and choking him” during an alleged confrontation on September 26, 2026.
Martinez has filed for a restraining order that would bar Berry from contacting or approaching both him and their son.
The filings describe a pattern of alleged conflicts involving Berry, Martinez and their son over several years, with the latest incident leading Martinez to seek legal intervention.
“Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to ‘tap out,’” Martinez alleged in the documents.
He further claimed Berry repeatedly grabbed their son by the back of the neck when he was not expecting it and forced him to tap out. Martinez said Berry characterized the behavior as joking, while their son allegedly made clear that he did not enjoy it.
Olivier Martinez has accused Halle Berry of physically abusing their 12-year-old son while seeking sole custody and legal protection for himself and the child
Martinez also alleges that Berry caused him “emotional and mental distress” through racially charged comments she allegedly made to Maceo.
The court papers claim that, during a 2023 dispute over child support, Berry described Maceo’s father as “a white b**ch trying to rob a black woman.” She allegedly then asked their son, “How do you feel about that as a black man?”
Martinez also alleged that Berry distressed their son by threatening to have him deported to France.
Among his requested protections, Martinez wants Berry kept at least 100 yards away from him and their son. He is also asking the court to require her to complete a 52-week batterer intervention course and remain sober while caring for Maceo.
The filing seeks an order preventing Berry from drinking alcohol or using other substances while she has visitation or custody of Maceo. It also requests Sober Link monitoring before, during and after visits, along with any additional testing the court believes is necessary to protect the child.
Martinez claims Maceo no longer wants to visit Berry’s home and may have been traumatized by the alleged confrontation. “My peace was disturbed by the fact that Petitioner physically abused our son,” he wrote.
The September confrontation is alleged to be part of a longer history of physical incidents involving Berry and Maceo.
“Both our son and Petitioner have spoken to me about past attacks,” Martinez wrote, claiming that both confirmed Berry had allegedly attacked Maceo without provocation and placed him in chokeholds learned during her mixed martial arts training.
Martinez alleges that Berry repeatedly wrestled Maceo to the ground and made him “tap out” over the past year and a half
Martinez said their son had repeatedly told him how much he hated the behavior, while Berry allegedly minimized the encounters as playful joking.
According to the filing, the alleged conduct became so upsetting that Maceo told his father, “The next time she does that, I’m going to kick her a**.”
“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,” Martinez alleged.
He claimed those earlier incidents included additional physical attacks against Maceo, as well as alleged verbal and emotional abuse directed at Martinez.
‘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.’
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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.
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.
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.