Academy Award winner Halle Berry faces an uphill climb in her custody battle with her ex-husband, Oliver Martinez.
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A Los Angeles County judge granted Martinez's request for a temporary restraining order against Berry. That prevents her from coming near him or their 12-year-old son Maceo. According to a Thursday (October 1) court filing obtained by PEOPLE.
Halle Berry's Custody Battle Takes New Turn
The restraining order does not include a no-contact order. However, her visitation has been restricted until they have acourt hearing on the order later this month. This will decide whether the restraining order will be temporary or permanent.
The restraining order comes after Martinez accused the Oscar winner of abusing their child. The filing states that last Sunday (September 26), Berry "physically abused" Maceo by "jumping on him, putting her hands around his neck and choking him." Martinez is requesting that he have sole custody of the child. The ex-couple currently splits custody of the child.
However, Martinez says that this is an isolated incident. He also says that Berry has a pattern of trying to drive a wedge between him and his son.
In the filing, Martinez uses the example of Berry telling Maceo that he is a "white bitch trying to rob a black woman," referencing their ongoing child support battle. She also allegedly asked him, "How do you feel about that as a black man?"
In response to the allegations, the actress's attorney Marina Beck called the filing "entirely meritless and misleading."
She also says that Berry's ex has continuously violated court orders related to the current custody agreement. And that his
"There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders. And interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry's minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned," the statement reads (via Variety).
Beck also says that the filing is not surprising. Because of Martinez's "well-documented history of erratic, possessive and violent behavior."
Berry and Martinez are due back in court on Octo
