LA Judge Dissolves TRO Against Halle Berry, Awards Olivier Martinez Primary Custody of Son

A Los Angeles judge has dissolved the temporary restraining order against Halle Berry and awarded primary physical custody of their 13-year-old son, Maceo, to ex-husband Olivier Martinez. The ruling, issued on October 30, 2026, denies Martinez's request to make the restraining order permanent. Berry will have visitation on weekdays and alternating weekends, with a final custody hearing scheduled for November.
Key points
- Judge Shelley Kaufman denied Olivier Martinez's request to make the domestic violence restraining order against Halle Berry permanent.
- Martinez was awarded primary physical custody of their son, Maceo, while Berry retains visitation rights on Mondays, Tuesdays, and alternating weekends.
- The current custody arrangement is temporary and will be revisited in November when the parties return to court.
- Martinez's attorney described the outcome as a 'child-focused result' prioritizing the well-being of the minor.
- Berry's attorney expressed satisfaction with the dissolution of the restraining order and emphasized her focus on the family's best interests.
Background
This ruling follows a two-week custody battle that began in late October 2026. Earlier in the month, Martinez filed for a temporary restraining order, alleging that Berry physically assaulted Maceo during a September 26 incident involving a virtual reality game. A judge granted the temporary order and primary custody to Martinez on October 1, limiting Berry's access. The couple's divorce was finalized in 2023 after a lengthy legal dispute that began with their separation in 2015.
How outlets are covering it
ABC News and Page Six both report that the restraining order was dissolved, but they highlight different aspects of the proceedings. Page Six detailed the testimony of Berry's daughter, Nahla, and fiancé Van Hunt, as well as cross-examination of Martinez regarding a 2024 statement denying domestic violence. ABC News focused on the final ruling and the attorneys' post-hearing statements. Both outlets agree that Martinez now holds primary physical custody, though Page Six notes Berry is seeking sole legal custody over education and medical decisions, while ABC emphasizes the temporary nature of the current arrangement until November.
Why it matters
The decision resolves the immediate legal standoff between two high-profile figures, establishing a new custody framework for their son. The dissolution of the restraining order removes a significant legal barrier for Berry, while the primary custody award to Martinez shifts the day-to-day responsibility for the child. The case highlights the complexities of post-divorce custody disputes involving allegations of domestic violence and the role of child testimony in such proceedings.
What to watch
Martinez and Berry are scheduled to return to court in November to discuss the custody arrangement. The judge's order indicates that the current visitation schedule will remain in place until that hearing. Berry's legal team has indicated they will continue to focus on the well-being of the family, while Martinez's attorney has stated that protecting the child remains his client's priority.
- Halle Berry's ex-husband Olivier Martinez awarded primary custody of their 13-year-old son ABC News - Breaking News, Latest News and Videos
- Halle Berry's Ex Olivier Martinez Keeps Primary Custody, at Least Temporarily TMZ
- Halle Berry loses custody attempt to ex Olivier Martinez amid abuse allegations Yahoo
- Oscar-winning actress loses custody of 13-year-old son (report) Syracuse.com
- Exclusive | Halle Berry’s daughter Nahla, fiancé Van Hunt testify in actress’ bitter custody battle Page Six
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