Halle Berry and ex-husband Olivier Martinez’s son Maceo will be allowed to testify in the ongoing case over a restraining order, a judge ruled on Wednesday.
‘The minor child is permitted to testify,’ Los Angeles Superior Court Judge Shelley Kaufman said in a minute order reviewed by The Daily Mail, adding that ‘testimony by the minor child shall be limited to the request for the issuance of a restraining order.’
Earlier this month, Martinez, 60, obtained a temporary domestic violence restraining order against Berry, 60, after accusing her in court filings of ‘physically abusing’ the 13-year-old ‘by jumping on him and choking him’ in a September 26 incident. Berry has denied all of the allegations.
The judge also said in the order on Wednesday that ‘parties are admonished and reminded that all previous orders remain in effect, including but not limited to, discussing any child custody issues, the contents of any pleadings, or any post-judgement proceedings, with the minor child.’
The Daily Mail has reached out to representatives for both parties for further comment on the story.
The judge added that ‘the minor child shall not be coached.’
Berry said in a filing Wednesday that ‘the Court should decline to permit Maceo’s testimony, or at the very least, evaluate the probative value of Maceo’s testimony.’
She said that declarations from herself and boyfriend Van Hunt ‘as well as contemporaneous video evidence documenting portions of the interaction, which directly contradicts Olivier’s account (allegedly per Maceo) of what occurred.’
She further claimed in the filing that ‘the September 26 incident arose in the context of Halle enforcing boundaries and holding Maceo accountable for his own conduct, which includes Maceo being physically aggressive toward his mother.
‘Under those circumstances, Maceo has a personal interest in minimizing his own conduct and shifting responsibility to others just as he has done at school when he has been physical with others.’
Berry added that ‘the court therefore cannot assume that a child’s account is necessarily more reliable than objective evidence, particularly where that account is contradicted by video evidence and testimony from adult witnesses.’
Martinez said in a responsive declaration filed Monday that son Maceo is hoping to testify, adding that the teen ‘was concerned that no one will believe him over his mother’ over what happened in the incident.
Maceo “wants to speak with the court to provide his side of the story,” Martinez said in the court filing, adding that he feels his son “should have the opportunity to have his voice heard regarding what he experienced that night”.
