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Halle Berry

Will Rush to Court

for Restraining Order

11/25/2012 11:00 AM PST BY TMZ STAFF
EXCLUSIVE

1123_gabriel_nala_halle_getty_tmzHalle Berry is taking no chances ... she's going to court early this week for a restraining order against Gabriel Aubry after the blowout fight Thanksgiving day ... TMZ has learned.

Sources familiar with the situation tell TMZ Halle and her lawyers are alarmed that Gabriel allegedly started the fight with Olivier Martinez right in front of 4-year-old Nahla. Although a judge issued an emergency order of protection -- requiring Gabriel to stay 100 yards away from Halle, Nahla and Olivier -- that order expires Tuesday. 

We're told Halle's lawyers will be in family court asking a judge to extend that protection for an indefinite period of time.

TMZ broke the story ... the bloody fight landed both Gabriel and Olivier in the same hospital ER. Gabriel was arrested and could be charged with criminal battery.

Sources tell us ... Halle's argument is pretty simple -- if Gabriel can't control himself enough to protect Nahla from emotional trauma, it's too risky for him to be around the child, Halle, or her fiance ... with whom he clearly has beef.

Halle has firepower behind the argument, because we know Halle's lawyers argued before the same judge on previous occasions that Gabriel's temper was uncontrollable.

812 COMMENTS

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1.

ilovegossip    

I wouldn't put it past Halle to have set Grabriel up. She would do anything to keep Nahla to herself. She's been trying since the day she was born. I hope there are security cameras that captured what really happened.

635 days ago
2.

NOT ELMO    

i'm NOT attracted to Her, i rather Nail Emma Stone or Emma Watson...

635 days ago
3.

dyls_E    

Gabriel should have known they would try and get him to fight so this would happen.

Guess it would be hard to keep your cool in that situation tho.

635 days ago
4.

mandy    

Halle is such an evil force to try to take Nahla far away from her dad.

635 days ago
5.

Vitamind_88    

What goes around come back around Gabriel you low life piece of sh!t!

635 days ago
6.

There's a problem here    

Halle is the Queen of Crazytown. They all must all be residents of Crazytown for carrying on that way in front of a child. I'll give a few points to Aubry though for landing Martinez in the ER too because Martinez is a fighter and should have been able to get away without a scratch from a pretty boy. Poor little Nahla, next up: Halle's face eats a knuckle sandwich. It will happen.

635 days ago
7.

Oh A 💛💋    

Grabriel is very good looking aka hot ! But looks can be deceiving !

635 days ago
8.

Gretel    

Halle is one of those messed up females who no matter what successes she has she must have a man to give her validation. Never mind that she is an entire universe and is loved completely by a little human being. The penis wins every time and the kid comes in second. Shame on you lady.

635 days ago
9.

Ana    

If a restraining order is granted against Aubry for Nahla then one must also be issued against Martinez to stay away from Nahla as he CHOSE to beat this guys face in. Sorry but they are both as dangerous as each other. How HB could stay with Martinez after this, even go out with him and child the next day shows she is bat **** crazy and sadly clinically attracted to violent men.

635 days ago
10.

Diamond Goddess!    

S-L-O-W yer roll there, Halle Scary and Oliie Douchetinez!
The judge did NOT fall for your bull the first time, and methinks they won't again!
If we, the venerable TMZ commenters, see this is a set-up, then so will the judge.
Idiots!!!

635 days ago
11.

Duchess    

This ain't gonna end too good. Someone is gonna get kilt.

635 days ago
12.

FrankCA    

If she is as good a mom as she says she is, then she wouldn't of allowed her new guy any where around her kids dad when he brought the daughter home. She knew he was going to talk crap to him. Yes he should of walked away but if she would of made him stay in another room til he left, none of this would of happened that day. Tired of her trying to play the victim. She wouldn't of liked it if it was the other way around. Then again she would of probably made it to where he couldn't have a new women around their kid. She has issues.

635 days ago
13.

Lyric Marley     

Why is it that the comments on here refuse to look at the FACTS. FACT Gabe was the one who took Halle to court after she accomodated him by paying for his travel to visit his own child. FACT Gabe is a dead beat who collects $20k a month from the mother of his child even though the child is almost always with Halle. FACT GAbe has the ability to WORK and doesnt (who would??? He gets 20k a month from his baby mother). FACT Gabe is the one who started a fight in front of his own child. FACT Gabe is walking around Hollywierd with his busted eye to get the public's sympathy. How pathethic! He's nothing more than a pretty boy caught up in his own self. I know I've dealt with this kind before! All that glitters isnt gold. Ask Halle's neighbours.

635 days ago
14.

PhilipMarkum    

I am sure this was a set up. All of a sudden Halle and Martinez were chummy with Gabriel including the day before this happened where they all gathered to break bread for Thanksgiving. I am sure this was a set up. Halle needs to turn over her surveillance video to see what really happened as I'm not convinced Gabriel started the fight. Halle Berry is a disgusting manipulating mother who will stoop to no new low in order to be with the man she will eventually dump since that is her M.O. with all men. Good luck Gabriel.

635 days ago
15.

Wicked Witch    

Her track record is as crazy as she is. She is very sneaky and vindictive. Gabe gave her what she wanted before her c**t and womb shriveled out and died. Since then she has feverishly been trying to keep his daughter from her and now she has shown how pathetically low she will go to get what she wants. Crazy b*tch needs a slap.

635 days ago
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