Judge Tosses Olivier Martinez’s Restraining Order in Halle Berry Custody Battle

Key points

• Judge Shelley Kaufman dissolved the temporary restraining order that had limited Berry’s parenting time since October 1.
• The ruling follows a nine-day hearing that included sealed testimony from Maceo, his therapist, a school official, and both parents.
• Martinez had accused Berry of physically abusing Maceo, including choking him during a September 26 altercation, and sought sole custody.
• Berry’s attorney, Marina Beck, stated the court’s decision is a significant win and that Berry remains focused on her family’s best interests.
• The current custody arrangement persists until a future hearing, with Martinez holding primary physical custody and both parents sharing legal custody.

Background

This dispute began in early October 2026 when Martinez obtained a temporary restraining order and primary physical custody of Maceo. Berry’s daughter, Nahla Aubry, previously filed court declarations denying the abuse allegations, describing her mother as a devoted parent who never engaged in violence. Berry had sought to reinstate a 50/50 custody arrangement and gain sole legal custody, accusing Martinez of interfering with Maceo’s therapy and education. The couple divorced in 2023 after separating in 2015.

How outlets are covering it

Page Six reported the judge’s decision as a major victory for Berry, highlighting the dismissal of the restraining order and the continued focus on the child’s welfare. TMZ’s source was inaccessible due to a server error, so no alternative perspective could be synthesized. Page Six noted that Martinez appeared agitated during the proceedings, storming out of the courtroom at one point, while Berry’s attorney emphasized the volume of evidence showing Martinez’s prior violations of court orders. The outlets agree on the factual outcome of the hearing but differ in their ability to provide commentary due to technical issues with the secondary source.

Why it matters

The dismissal of the restraining order removes a significant legal barrier for Berry, allowing her to resume normal parenting arrangements pending further hearings. It also signals that the court did not find sufficient evidence to support Martinez’s claims of physical abuse at this stage, potentially influencing future custody decisions. The case highlights the complexities of high-profile custody battles and the impact of domestic violence allegations on parental rights.

What to watch

The next step is a future hearing to address the custody arrangement, as the current temporary setup remains in place. Berry has sought sole legal custody and an alternating-week living arrangement, while Martinez has sought sole custody. The outcome of this hearing will determine the long-term custody and legal decision-making authority for Maceo.