Halle Berry’s Ex Olivier Martinez Keeps Primary Custody, at Least Temporarily

The judge overseeing Halle Berry and ex Olivier Martinez‘s bitter custody case has reached a decision … and we’re told Halle got her way in that the domestic violence restraining order was dissolved, but she lost on the issue of custody.

Olivier’s lawyer, Patrick Baghdaserians, tells TMZ … Olivier has primary physical custody of their 13-year-old son, Maceo. Halle and Oliver had joint custody in the past, and Baghdaserians tells TMZ Halle’s lawyers had asked to restore 50/50 custody, but the judge rejected that. We’re told, however, that the judge will re-consider custody issues in November, so next week it’s back on the table.

We’re told the judge also ruled Halle could no longer have overnight visits with Maceo. We’re told Martinez asked to restrict Halle’s custody during holidays, and that was denied.

Baghdaserians says the decision to give Martinez primary physical custody is a “huge victory,” after the judge heard evidence of the way both his client and Halle parent Maceo.

Halle’s rep says she still has joint legal custody, and holds the tiebreaker in the event the 2 are at loggerheads.

As you know … Halle and Olivier were embroiled in a vicious custody battle over Maceo.

Olivier had claimed Halle choked Maceo — who later gave a deposition behind closed doors at court with both Halle and Olivier ordered out of the courtroom.

Earlier this week, Halle’s Instagram was seemingly hacked … and the post that went up caused quite a stir in court.

In the post that was published Monday, Halle’s account wrote … “If kids disrespect their mom, the root cause often traces back to their relationship with the father.”