Halle Berry's Ex Olivier Martinez Seeks Restraining Order, Sole Custody of Son Maceo

Olivier Martinez, the ex-husband of Halle Berry, has filed a petition for a temporary restraining order against the actress and is seeking sole custody of their 12-year-old son, Maceo. In court documents, Martinez, 60, alleges that Berry, also 60, caused him "emotional and mental distress due to physical abuse of our minor child, Maceo." The filing claims that on Saturday, Sept. 26, Berry "physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him." Martinez further alleges that the September 26 incident is the latest in a series of abuses over the past few years, including "additional physical attacks against our son, as well as verbal and emotional abuse from Petitioner to me." Martinez's attorney, Patrick Baghdaserians, said his client's "paramount concern is the health, welfare and the safety of the minor child, hence the action that he took in court by filing the request for domestic violence restraining order." He added that a secondary concern is for Berry to get appropriate help to address her issues so she can better herself, which would in turn help the minor child moving forward. Baghdaserians described Martinez as "a loving parent" who has "tried to do the best he can." He noted, "Obviously, it's always difficult when you're in a co-parenting relationship. Our paramount concern right now is only one real issue, and that's protecting this great kid." In response, Berry's attorney Marina Beck said in a statement to PEOPLE that Martinez's filing is "entirely meritless and deliberately misleading." Beck added, "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." According to the filing, on Sept. 26, the 12-year-old called Martinez to pick him up, claiming Berry had "physically attacked him" and that it was "not the first time." During a verbal dispute, Berry allegedly "grabbed Maceo by the neck and started choking him while shouting, 'Who is dominant now?! Who is dominant?'" Martinez also alleged that Berry's fiancé, Van Hunt, was present and "fair" while defending Maceo during the incident. Martinez claimed that at one point Berry texted him, "He is disrespectful to me and feels I have no say on anything. I'm just money bags! This is wrong and wrong!" In another exchange, when Martinez asked if she was okay with him picking up Maceo, Berry allegedly replied, "No I'm not ok with it. He wants to fight his mother?? What kind of kid are we raising. As a father ask him what kind of kid is he. I'm his mother?" Martinez also told Berry he believed she fought too much with Maceo and had been doing so for a while. He alleged that Berry "downplayed the incidents, claiming she was joking or just playing with him," and referenced her MMA training, claiming she would put Maceo in chokeholds and wanted him to "tap out." Berry is also mother to daughter Nahla, 18, with ex Gabriel Aubry. Berry and Martinez finalized their divorce in 2023 after nearly eight years of marriage. The couple settled their divorce and custody agreement, which included joint legal custody, with Berry agreeing to pay Martinez $8,000 a month in child support. She was also ordered to pay him "4.3% of any income she receives above $2,000,000" in additional support, and to cover their son's private school tuition, uniforms, school supplies, and extracurricular activities. She agreed to reimburse Martinez for these costs from the 2023/2024 school year.