Judge Shelley Kaufman of Los Angeles Superior Court has denied Olivier Martinez's request for a domestic violence protection order against Halle Berry. Temporary restraining orders against the actress have been lifted, but Martinez is maintaining the physical custody arrangement that was put in place when the temporary order was issued.
The ex-spouses will continue to share legal custody of their 13-year-old son. This means that the court's decision does not end the dispute between them over the care and responsibilities of the child.
„We are extremely pleased that the court has lifted the temporary order. "Halle is determined to continue to focus on the well-being and best interests of her family," Berry's attorney Marina Beck said.
The decision followed nearly four hours of confidential testimony from the boy on Oct. 19. His therapist and a school official also testified in a closed session.
Both Halle Berry and Olivier Martinez testified. The actor left the courtroom visibly upset and angry during the hearing. The proceedings lasted nine days.
Halle Berry's daughter, 18-year-old Nala Aubrey, and the actress's fiancé Van Hunt were also questioned behind closed doors. In a court statement, Aubrey said she was "shocked" by the of the allegations and has never seen her mother act aggressively towards her half-brother.
Olivier Martinez, who is 60 years old, has requested a protection order for both himself and his son. In his petition, he alleged that Berry, also 60 years old, grabbed the boy by the neck during an argument on September 26. On October 1, the court granted a temporary protection order in response to his request.
Halle Berry has consistently denied the allegations. Her lawyer has previously said there is ample evidence and court orders that Martinez violated court orders and obstructed the child's necessary therapeutic and educational care.
The actress has asked for the temporary restraining orders to be lifted and has accused her ex-husband of escalating the dispute and interfering with their son's educational and therapeutic needs. She has also asked for sole legal custody, which would give her the final say on matters of the child's health, education and well-being.
Halle Berry and Olivier Martinez married in July 2013 but separated two years later. The couple were officially separated in December 2016, while their divorce was finalized in August 2023.