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Olivier Martinez filed a petition for a restraining order against ex-wife Halle Berry, alleging that she physically abused their 12-year-old son. He also requested sole legal custody of the preteen. 

Olivier Martinez is taking legal action against ex-wife Halle Berry. 

The Mosquito State actor filed a petition for a temporary restraining order against the Monster’s Ball actress—who he was married to from 2013 to 2016—alleging that she caused “emotional and mental distress due to physical abuse” of their 12-year-old son. 

Martinez is asking for sole legal custody, instead of the 50-50 custody he currently shares with Berry, whose lawyer slammed the filing as “entirely meritless and deliberately misleading.”

In the documents obtained by E! News, Martinez alleged that Berry abused their son at her home on Sept. 26. The 60-year-old said he received a phone call from their son to come pick him up because Berry “had physically attacked him and choked him.”

“While on the phone with our son, I heard him panicking,” Martinez continued, “and heard [Berry] still yelling at him in the background.”

He texted Berry asking if she was OK with him getting their child, to which Berry replied, “No I'm not ok with it. He wants to fight his mother?? What kind of kid are we raising,” according to screenshots in the filing.

When he called their son again, Martinez allegedly heard him tell Berry he wanted to “leave forever,” before Berry replied, "Good. Good. I don't want to see anymore."

When Martinez arrived at Berry’s home to pick up the preteen, he said the Oscar winner “did not come out of the home,” and their son was instead assisted out by her “boyfriend,” presumably her fiancé Van Hunt.

In response to the filing, Berry’s attorney Marina Beck told E! News in a statement, "In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez.” 

“While she is deeply saddened,” the statement continued, Berry “will not allow it to deter her from fighting for [her son’s] best interests and providing him with the love and support he needs.” 

E! News has reached out to reps for Martinez and Hunt for comment but has not heard back.

Once Martinez and his son arrived back at his home, his son explained what had happened, saying he’d been playing a VR game in his bedroom when Berry entered and “began pushing” him.

“From what I can tell, the initial contact appeared to be intended to be in a joking manner,” Martinez noted in the doc. “[Their son] told [Berry], ‘Stop. Let me finish the game first.’ This sent [Berry] into a rage.”

She then allegedly began fighting with the boy, as she grabbed him “by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?’”


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