Halle Berry's Son Maceo Permitted to Testify in Restraining Order Case

A Los Angeles judge has ruled that Maceo, the 13-year-old son of Halle Berry and Olivier Martinez, can testify in the legal proceedings concerning a restraining order. The decision was made on Wednesday, with the judge stating that the minor child is permitted to testify, but the testimony will be limited to the request for the restraining order.

Martinez, 60, had previously obtained a temporary domestic violence restraining order against Berry, 60. He accused the actress in court filings of physically abusing their son in a September 26 incident, alleging she choked the 13-year-old. Berry has denied all allegations.

The judge also reminded the parties that all previous orders remain in effect, including prohibitions against discussing child custody issues or court proceedings with the minor. The judge added that Maceo shall not be coached.

In a court filing on Wednesday, Berry argued against allowing Maceo's testimony, or at least urged the court to evaluate its probative value. She stated that declarations from herself and her boyfriend, Van Hunt, along with contemporaneous video evidence, directly contradict Martinez's account of the incident, which she claimed was relayed by Maceo.

Berry further contended that the September 26 incident occurred while she was enforcing boundaries and holding Maceo accountable for his own aggressive behavior toward her. She suggested that Maceo has a personal interest in minimizing his conduct and shifting blame, similar to past instances at school. Berry's filing emphasized that the court should not assume a child's account is more reliable than objective evidence, especially when contradicted by video and adult witness testimony.

Martinez, in a responsive declaration filed Monday, stated that Maceo wishes to testify, expressing concern that his son feels his mother's account might be prioritized over his own. According to Martinez, Maceo wants to share his experience with the court.

Martinez's lawyer, Patrick Baghdaserians, told The Daily Mail that his client believes it is in Maceo's best interest for the court to have all information regarding the September 26 incident. Baghdaserians added that preventing Maceo from speaking could discourage him from reporting future issues or potential abuse. He also anticipates Berry's team will attempt to prevent Maceo from addressing the court directly.

Berry stated in her declaration that requiring Maceo to testify would place him in the middle of a contentious dispute, potentially harming his emotional well-being and his relationships with both parents.

Halle Berry and Olivier Martinez were married in 2013 and divorced in 2016. They are pictured here at an event in Los Angeles in October 2012 and in 2014.