Olivier Martinezis taking legal action against ex-wifeHalle Berry.
TheMosquito Stateactor filed a petition for a temporary restraining order against theMonster’s Ballactress—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.
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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 fiancéVanHunt.
In response to the filing, Berry’s attorneyMarina Becktold 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?’”
Berry—who also shares an 18-year-old daughter with exGabrielAubry—allegedly texted Martinez the following morning to apologize, saying, “I feel terrible about what happened last night,” per screenshots shared in the filing. However, Martinez alleged in the petition, “This is not the first time [Berry] has physically attacked our son.”
“Both our son and [Berry] have spoken to me about past attacks. Both have confirmed that [Berry] has unprovokedly attacked our son and has put him in choke holds that she learned while training in mixed martial arts,” he continued. “Our son has repeatedly explained how much he hates this, while [Berry] has downplayed the incidents, claiming she was just joking or playing with him.”
Martinez’s petition alleged she will put their son in a choke hold until he tapped out.
“In case it is not clear from the above, the fact that [Berry] continues to choke our son and caused the fight disturbs my peace,” Martinez wrote in the docs, “and warrants the protection of a domestic violence restraining order protecting me, as well as [our son].”
Martinez also requested drug testing and a psychological evaluation before Berry visits their son and asked the judge to order her “to go to a 52-week batterer intervention program.”
In legal docs obtained byTMZ, Berry and Martinez were ordered to participate in confidential mediation to discuss custody.
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