(CBS) Halle Berry has won a temporary restraining order against a man arrested late Monday on suspicion of stalking. Two off-duty Los Angeles police officers saw Richard Franco climbing over a security gate at Berry's Beverly Hills, Calif., home.
E! Online reports Franco has a criminal record. He recently was in jail on a battery charge.
Police said Berry identified Franco as the man she'd seen on her property Saturday and Sunday, too.
According to E!, Berry saw Franco scale an outer wall on Saturday and saw him Sunday looking in from outside through her kitchen's glass door.
There's a hearing scheduled for Aug. 1 on whether the temporary order will be made permanent. According to E!, "Berry has demanded that Franco stay away from her and her 3-year-old daughter, Nahla, as well as her residence, car and anywhere they might be."
Berry filed and was granted a restraining order in 2004 against a then-35-year-old Louisiana man who claimed God told him to marry Berry.