00:00Olivia Martinez is taking new legal action against ex-wife Halle Berry.
00:05The actor files a petition for a temporary restraining order against Halle
00:09and asking for sole legal custody of their 12-year-old son.
00:13According to documents obtained by E! News,
00:16Olivia alleges Halle caused him emotional and mental distress
00:19due to physical abuse of their son.
00:22The 60-year-old claims that on September 26,
00:25their son called him from Halle's home asking to be picked up,
00:28alleging his mom had physically attacked him and choked him.
00:31Olivia claims while on the phone with our son,
00:34I heard him panicking,
00:35adding that he could hear Halle yelling in the background.
00:38Olivia then texted Halle asking if she was okay with him picking up their child,
00:43with Halle allegedly responding,
00:45No, I'm not okay with it.
00:46He wants to fight his mother.
00:48What kind of kid are we raising?
00:49According to the filing, when Olivia arrived at the home,
00:53Halle did not come out.
00:54Her boyfriend, presumably fiancé Van Hunt,
00:57helped the 12-year-old leave.
00:59E! News has reached out to reps for Halle,
01:01Olivier, and Van for comment,
01:03but has not yet heard back.
01:04However, in response to the filing,
01:07Halle's attorney, Marina Beck,
01:09tells E! News,
01:10In a way, today's filing is not entirely unexpected
01:13from an individual with a well-documented history
01:16of erratic, possessive, and violent behavior.
01:19Fortunately, Halle is used to this kind of outrageous conduct
01:22from Mr. Martinez.
01:24The statement continues that while Halle is deeply saddened,
01:27she will not allow it to deter her from fighting for her son's best interest
01:31and providing him with the love and support he needs.
01:35Olivier also details what he says his son later told him about the alleged incident,
01:40claiming the 12-year-old had been playing a virtual reality game
01:43when Halle entered his room and began pushing him.
01:46Olivier says what initially appeared to be joking escalated after their son asked her to stop,
01:52alleging Halle then grabbed him by the neck and started choking him,
01:56while shouting,
01:56Who is dominant now?
01:58Who is dominant?
01:59The filing claims Van then entered the room,
02:01defended the 12-year-old,
02:03and convinced Halle to allow him to pack some clothes and leave with his father.
02:07According to Olivier,
02:09Halle texted him the following day,
02:11saying she felt
02:11terrible about what happened last night.
02:14However, Olivier alleges this was not the first physical incident between their son and Halle,
02:19who's also mom to an 18-year-old daughter she shares with ex, Gabriel Obrey.
02:24In addition to requesting sole legal custody,
02:26Olivier is asking the court to require drug testing and a psychological evaluation
02:31before Halle visits their son,
02:33as well as a 52-week batterer intervention program.
02:37According to legal documents obtained by TMZ,
02:39Halle and Olivier,
02:41who married in 2013 and filed for divorce in 2015,
02:45have been ordered to participate in confidential mediation to discuss custody.
