Halle Berry says a photograph submitted to court by her ex-husband, Olivier Martinez, does not support his allegations that she abused their son, Maceo, according to a new legal filing in their ongoing custody dispute.
Earlier this month, Martinez, 60, secured a temporary domestic violence restraining order against Berry, also 60, after accusing her of physically abusing their 13-year-old son during a September 26 incident. He alleged that Berry jumped on Maceo and choked him. Berry has denied all of the accusations.
In a filing submitted Monday, Martinez claimed that Maceo “immediately took a picture of” Berry after the alleged incident because the teenager had been “roughed up” on previous occasions and felt that “no one believed him.”
Berry responded Tuesday in a declaration reviewed by The Daily Mail, arguing that the image—which Martinez said was taken by their son—“does not corroborate abuse, injury, or danger.” She said the photograph merely shows her “standing calmly, with her hands in her pockets, several feet away from Maceo.”
Berry said Martinez presented the image as proof that “something happened,” but maintained that it showed no redness, bruising or other marks on Maceo and did not support his claim that she had strangled him, according to the court documents.
The Daily Mail has contacted representatives for both Berry and Martinez for further comment.
Halle Berry, 60, rejected the claim that a photograph submitted by her ex-husband Olivier Martinez, 60, in their custody case over their 13-year-old son Maceo showed she had done anything wrong. She made the argument in a responsive declaration filed Tuesday. Pictured last month in New York City
Martinez obtained a temporary domestic violence restraining order against Berry earlier this month after alleging she abused their son during a September 26 incident involving choking. Berry has denied the allegations. Pictured in New York City in 2016
Martinez said in his Monday declaration that Maceo hopes to testify, claiming the teenager was worried that no one would believe him over his mother regarding the alleged incident.
Maceo “wants to speak with the court to provide his side of the story,” Martinez wrote, adding that he believes their son should have the opportunity to explain what he experienced that night.
Martinez’s attorney, Patrick Baghdaserians, told The Daily Mail Tuesday that his client believes it is in Maceo’s best interest for the court to have all the information about what allegedly happened at Berry’s home on September 26, 2026.
Baghdaserians said Maceo should be allowed to have his voice heard about the events, arguing that preventing him from doing so could make the teenager less likely to report problems or potential abuse in the future.
The attorney also told The Daily Mail that his legal team expects Berry to try to stop Maceo from addressing the court directly.
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Berry said in her Tuesday declaration that requiring Maceo to testify would place him in the middle of a highly contentious dispute between his parents. She argued that doing so could further harm his emotional well-being and his relationships with both parents.
Berry also disputed Martinez’s suggestion that her boyfriend, Van Hunt, personally examined Maceo for injuries after the alleged incident.
In an earlier court filing, Berry identified Hunt as “the only independent adult witness present during the events of September 26, 2026.”
Berry said Hunt never claimed to have examined Maceo’s body or neck. Instead, she said, he simply stated that he did not observe redness or bruising—“two entirely different propositions,” according to her declaration.
Martinez said in his filing that Maceo “immediately took a picture of” Berry after the alleged incident because the teenager had been “roughed up” on previous occasions and felt that “no one believed him.”
Martinez and Berry married in 2013 and separated in 2016. Pictured together in Los Angeles in 2014
Berry said Maceo’s behavior at school has worsened since the temporary restraining order was issued.
Maceo has become ‘increasingly oppositional, defiant and disrespectful,’ Berry said in the declaration. She told the court in the filing that Maceo was recently given ‘a full week of disciplinary detention’ due to his conduct.
Berry previously requested her 50/50 arrangement with Martinez be reinstated in a series of legal filings she made on October 5 after he was granted primary custody of their son.
Last week, Berry finished a mandated online parenting program called Our Children First amid the ongoing custody battle, according to documents reviewed by The Daily Mail.
The next hearing in the case is slated for October 16.
Berry and Martinez met on the set of Dark Tide, which was filming in South Africa in 2010.
The two wed in 2013, the same year they welcomed their son, and split in 2016. The couple’s divorce was finalized in 2023, with the outcome being joint custody and Berry paying child support.