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Halle Berry Gets Restraining Order Tossed, but Olivier Martinez Reportedly Keeps Primary Custody of Their Son

Both sides are calling it a win after a judge ruled in the bitter fight over 13-year-old Maceo.

Halle Berry Gets Restraining Order Tossed, but Olivier Martinez Reportedly Keeps Primary Custody of Their Son
Photo: Harald Krichel / Wikimedia Commons (CC BY-SA 4.0). 2025 file photo of Halle Berry at the Cannes Film Festival, shown in full on a blurred backdrop. (https://commons.wikimedia.org/wiki/File:Halle_Berry-0356.jpg)

The judge in Halle Berry's custody fight with ex-husband Olivier Martinez has ruled, and the result is mixed. Los Angeles Superior Court Judge Shelley Kaufman reportedly dissolved Martinez's temporary domestic violence restraining order against Berry, but Martinez keeps primary physical custody of their 13-year-old son, Maceo, according to Page Six and TMZ.

Martinez had accused Berry of abusing Maceo, including allegedly choking him during a Sept. 26 altercation, and asked for sole custody. Berry has denied the allegations from the start. Per Page Six, the judge rejected Martinez's request for a restraining order protecting himself and the teen and lifted the temporary restrictions placed on the actress.

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"We are extremely pleased that the Court has dissolved the TRO," Berry's attorney, Marina Beck, told Page Six, adding that Halle is focused on her family's well-being.

Martinez's camp sees it differently. His lawyer, Patrick Baghdaserians, reportedly told TMZ that keeping primary physical custody is a "huge victory." TMZ also reports that the judge turned down Berry's bid to go back to 50/50 custody and ruled she can't have overnight visits for now, though custody is expected to be revisited at a hearing in November.

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Berry's rep says she still shares joint legal custody and holds the tiebreaker on decisions. Maceo reportedly testified behind closed doors during the nine-day proceeding, and Berry's daughter Nahla and Berry's fiance, Van Hunt, also took the stand.

Sources: Page Six, TMZ

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