Pop Culture

Halle Berry's Custody War Drags into Second Week as Ex Gets Restraining Order Extended

Olivier Martinez faced questions over a sworn 2024 statement as Halle Berry fought to restore shared custody of their 13-year-old son.

Halle Berry Gets Her Restraining Order Extended as Custody Battle Drags On to Second Week
Photo by London Entertainment / GC Images

Key Takeaways

  • Halle Berry is fighting to restore shared custody of her 13-year-old son after a judge extended ex-husband Olivier Martinez’s temporary restraining order and primary custody through the weekend.
  • Berry denies Martinez’s allegation that she choked their son during a dispute over a VR headset, while her attorney challenged him over a 2024 sworn statement saying the former couple had no history of domestic violence.
  • Their son and Berry’s fiancé, Van Hunt, have testified, and Berry’s daughter Nahla Aubry—who previously said she never witnessed Berry abuse him—is expected to testify when proceedings resume.

Halle Berry's bitter custody war with ex-husband Olivier Martinez is spilling into a second week, and the Oscar winner is still fighting to regain time with their 13-year-old son. A judge extended Martinez's temporary restraining order against Berry through the weekend following a fifth day of hearings on Friday, October 23 after contentious testimony failed to resolve the former couple's latest legal showdown.

But the extension wasn't the only development. According to The New York Post, Martinez faced questions about a sworn statement he signed two years ago declaring that he and Berry had no history of domestic violence, despite now accusing the actress of abusing him during their relationship.

Berry's attorney, Marina Beck, confronted Martinez with the September 2024 declaration during his cross-examination. The French actor acknowledged signing the document under penalty of perjury.

"That statement was true when you made it on September 30th, 2024, correct?" Beck asked.

"Correct," Martinez replied.

His attorney, Patrick Baghdaserians, pushed back against suggestions that the declaration contradicted Martinez's current allegations, arguing that the document concerned a financial dispute rather than custody.

"There was no conviction of domestic violence at the time, so his statement is correct," Baghdaserians told Page Six. He maintained that the declaration concerned "need-based attorneys’ fees" and that no domestic violence restraining order had previously been entered.

And the testimony didn't stop there.

Martinez, 60, returned to the witness stand to continue answering questions behind closed doors. Berry's fiancé, musician Van Hunt, 56, testified after lunch, adding another key figure to proceedings that have already involved the former couple's teenage son.

Hunt reportedly appeared relieved after leaving the courtroom around 4 p.m. He was later seen laughing with a member of Berry's legal team, while Berry was spotted rubbing his arm in the courthouse hallway before departing.

The legal fight erupted after Martinez accused Berry of choking Maceo during a September 26 confrontation involving a virtual reality headset. Martinez claims the incident was part of a larger pattern of abuse and alleges their son contacted him afterward asking to be picked up.

Berry has denied the accusations. Beck previously blasted Martinez's claims as "entirely meritless and deliberately misleading."

Martinez obtained temporary protection and primary custody of Maceo while the case proceeds, limiting Berry's contact with their son. Berry wants the restrictions lifted, their previous 50-50 physical custody arrangement restored, and sole legal custody to make decisions involving Maceo's education, therapy, and medical care.

Maceo testified for nearly four hours Monday, although his testimony remains sealed. Berry also testified during the week.

Now, Berry's 18-year-old daughter, Nahla Aubry, is expected to testify virtually when proceedings resume on Monday, October 26.

Nahla previously defended her mother in a sworn declaration, saying she had never witnessed Berry physically abuse Maceo.

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