Halle Berry received a major win in court after her ex Olivier Martinez recently accused her of abusing their son, Maceo.
Us confirms Martinez’s request for a domestic violence restraining order against the actress was denied by a Los Angeles judge on Thursday, October 29. Martinez’s temporary restraining order against Berry, 60, was also dissolved.
“We are extremely pleased that the Court has dissolved the TRO,” Berry’s attorney, Marina Beck, told Us in a statement after the hearing. “As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”
Berry was “ecstatic” after the decision was made, according to an eyewitness. The Oscar winner was seen smiling and hugging her fiancé, Van Hunt, outside of the courtroom.
A source familiar with the situation clarifies Thursday’s proceedings were not a custody hearing, noting that the pair’s temporary custody arrangements from the TRO are still in place and will temporarily remain until another hearing later down the road.
Martinez, 60, filed for a domestic violence restraining order on behalf of himself and Maceo on October 1, claiming Maceo told him during a phone call on September 26 that he’d been “physically attacked and choked” by Berry during an alleged argument.
“While on the phone with our son, I heard him panicking and heard [Berry] still yelling at him in the background,” Martinez alleged. “When I arrived [Berry] did not come out of the home, but [her] partner assisted our son in carrying his bags to my car.”
Martinez also sought an emergency change to his and Berry’s 50-50 custody agreement. He asked a judge to issue a “no contact order” for Berry until their hearing.
His temporary restraining order was granted that same day and applied to both Martinez and Maceo. Berry’s visitation was ordered to be temporarily modified, with partial custody “continued to maintain communication” between Berry and Maceo.
The judge denied Martinez’s request for Berry’s sobriety to be monitored, citing “insufficient information.”
Berry vehemently denied Martinez’s allegations via her attorney.
“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said in a previous statement. “There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry’s minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned.”
The statement continued, “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.”
The actress subsequently filed to restore her and Martinez’s custody agreement, arguing that the “case is not about domestic violence.”
“This is a case about a mother’s unwavering love for her son, her relentless fight for his success, and her continued efforts to implement critical interventions for his well-being over the constant interference and obstruction of a father unable to separate his own self-serving interests from the best interests of the minor child,” her lawyers wrote in documents obtained by Us.
Berry’s daughter, Nahla, whom the actress shares with ex Gabriel Aubry, also came to her mom’s defense.
The 18-year-old claimed she never saw Berry physically abuse her younger brother, noting in a sworn statement filed in court on October 5 obtained by Us, “I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way.”
