Berry—who also shares an 18-year-old daughter with ex Gabriel Aubry—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 by TMZ, Berry and Martinez were ordered to participate in confidential mediation to discuss custody.
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