Halle Berry's Restraining Order Lifted, Overnight Limits Remain

Caption: Halle Berry during a 2023 meeting on women’s health care. Credit: Office of Rep. Katherine Clark / Public Domain, via Wikimedia Commons.

A Los Angeles judge dissolved the temporary restraining order against Halle Berry on October 29, while leaving in place limits on overnight visits with her teenage son. The restrictions had been imposed earlier in the dispute with former husband Olivier Martinez; the latest ruling did not newly remove the actor’s overnight parenting time. Martinez had sought to make the protective order permanent, but Judge Shelley Kaufman concluded that he had not met the required burden.

Berry denied allegations that she physically abused their son, which Martinez raised in an October filing. According to a minute order reviewed by the Los Angeles Times, the court denied the request to make the protective order permanent but retained the existing custody and visitation orders.

A narrow ruling in a wider family case

Berry and Martinez married in 2013 and filed for divorce in 2015. Their divorce was finalized in August 2023, when they agreed to share legal and physical custody, according to the Times. During the recent dispute, a judge modified the child’s physical custody schedule, leaving Berry with daytime visitation on specified weekdays and alternating weekends while restricting overnight stays. The modified arrangement remained in force after the restraining order was dissolved.

Entertainment Weekly reported that the case involved sharply different accounts of a September family confrontation. Berry’s lawyers rejected the abuse allegation; Martinez’s representatives defended the restrictions as necessary for the child’s welfare. Their son testified during an October hearing, but the substance of his testimony was sealed. The published order therefore supports reporting about the ruling and schedule, not a reconstruction of the child’s testimony.

Berry’s attorney Marina Beck said the actor was pleased the restraining order was dissolved and remained focused on the well-being of her family. Martinez’s lawyer Patrick Baghdaserians welcomed the continuation of restricted physical visitation. Under the court order reviewed by the Times, Berry retains daytime contact with her son, and existing legal-custody orders remain effective even though Martinez did not obtain a permanent protective order. Both parents continue to dispute the underlying allegations.

Therapy and a further hearing

The Times reported that the order calls for Berry and her son to attend 12 sessions of a specified joint therapy program over six months once a therapist is appointed. The judge also said existing holiday and vacation visitation provisions remain in force, preserving more than just the regular weekday schedule. The court set a November 4 hearing to select the therapist. Berry’s visits remain limited to Mondays, Tuesdays and alternating weekends during daytime hours, while the prior legal-custody orders remain in force.

References: Halle Berry’s ex Olivier Martinez’s restraining order dissolved but actor’s modified visitation stays, judge rules | Judge rules on Olivier Martinez’s temporary restraining order against Halle Berry after abuse claims