Court Dissolves TRO Against Halle Berry; Custody Ruling Pending in November

Halle Berry secured a significant legal victory on Thursday when Los Angeles Superior Court Judge Shelley Kaufman dissolved the temporary restraining order (TRO) filed by her ex-husband, Olivier Martinez, according to the New York Post ^[1]. The ruling marks the end of the domestic violence allegations that had temporarily restricted Berry’s access to their 13-year-old son, Maceo. However, the win came with a major sting: TMZ reported ^[2] that Martinez was granted primary physical custody, rejecting Berry’s request to restore a 50-50 split.

Berry’s attorney, Marina Beck, told Page Six ^[1] that the team was “extremely pleased” with the dissolution of the TRO, emphasizing the actress’s focus on her family’s well-being. Despite the dismissal of the abuse claims, the court’s custody decision limits Berry’s role, with sources indicating she can no longer have overnight visits with Maceo, as confirmed by Us Weekly ^[3]. Martinez’s lawyer, Patrick Baghdaserians, called the custody ruling a “huge victory” for the French actor, noting the judge heard evidence regarding both parents’ capabilities ^[2].

The legal battle centered on allegations that Berry physically abused Maceo, including an incident on September 26 where Martinez claimed she choked the teen. Berry consistently denied these accusations, with her legal team arguing the claims were “meritless and deliberately misleading” ^[3]. During the nearly four-hour sealed testimony, Maceo spoke to the judge, supported by his therapist and a school official. Berry’s daughter, Nahla Aubry, also testified, stating in a sworn declaration that she had never witnessed her mother behaving aggressively toward her half-brother ^[1].

Martinez, 60, had initially sought sole legal and physical custody alongside a no-contact order. Judge Kaufman denied the request to monitor Berry’s sobriety, citing insufficient information ^[3]. The couple’s previous joint custody arrangement remains technically in place until a future hearing, though the temporary modifications imposed by the TRO are now lifted ^[1]. Berry had sought sole legal custody with expanded tie-breaking authority, but the court’s current ruling favors Martinez for physical care while maintaining Berry’s joint legal rights and tie-breaking role ^[2].

This decision concludes the immediate phase of a dispute that began when Martinez filed for a restraining order on October 1. While Berry was seen smiling and hugging her fiancé, Van Hunt, outside the courtroom after the TRO dissolution ^[3], the custody outcome represents a substantial shift in the family dynamic. The next phase of the legal proceedings is expected to address the remaining custody issues in November, according to Just Jared ^[4]. For now, Berry maintains joint legal custody, but Martinez holds the upper hand in the day-to-day physical care of their son.