The restraining order comes after Martinez alleged that Berry “physically abused” their 12-year-old son, Maceo

NEED TO KNOW

Following his allegations that Halle Berry physically abused their 12-year-old son Maceo, Olivier Martinez has been granted a temporary restraining order against the actress.

On Thursday, Oct. 1, a Los Angeles County judge granted Martinez’s request for a temporary restraining order that covered both himself and Maceo, according to court records viewed by PEOPLE.

The judge ordered temporarily modified visitation, writing that partial custody is to be “continued to maintain communication between [Berry] and [Maceo], while denying a request that Berry’s sobriety be monitored, citing “insufficient information.”

The order also modified the hours of Berry’s visitation with Maceo to limit her time with him to Mondays and Tuesdays between 10 a.m. and 8 p.m., and Saturdays and Sundays from 10 a.m. to 8 p.m.

The temporary restraining order will be in effect until a hearing later this month, at which a judge will determine whether or not the order should be made permanent.

In a statement shared with PEOPLE, Berry’s attorney Marina Beck described Martinez’s filing as “entirely meritless and deliberately misleading.”“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said, later adding, “Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.

In his Oct. 1 petition, Martinez alleged that Berry, also 60, caused him “emotional and mental distress due to physical abuse of our minor child, Maceo,” according to a filing obtained by PEOPLE.

Martinez claimed that Berry “grabbed Maceo by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?’ ” during the alleged incident.

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.

Martinez also claimed in the filing that Berry had previously engaged in “instances of abuse over the course of the last few years,” including “additional physical attacks against our son, as well as verbal and emotional abuse from Petitioner to me.”

Martinez’s lawyer Patrick Baghdaserians said his client’s “paramount concern is the health, welfare and the safety of the minor child, hence the action that he took in court by filing the request for domestic violence restraining order. The second concern would be for mother to get the appropriate help that she needs to address her issues so she can better herself, which would in turn help the minor child moving forward.”

Baghdaserians calls Martinez “a loving parent” who has “tried to do the best he can. Obviously, it’s always difficult when you’re in a co-parenting relationship. Our paramount concern right now is only one real issue, and that’s protecting this great kid.”

The temporary restraining order comes three years after Berry and Martinez finalized their divorce in 2023 after a contentious eight-year battle. At the time, Berry was ordered to pay $8,000 a month in child support to Martinez, along with “4.3% of any income she receives above $2,000,000” in additional support.

A hearing on the restraining order is set for Oct. 16.

If you suspect child abuse, call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.