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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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16.

KBurr    

Halle please love Nahla more than yourself! Look in the mirror and ask yourself if roles were reversed what would you do?

664 days ago
17.

Michell    

This is all working into her plans. She's in heaven right now.

664 days ago
18.

txcn    

Why doesn't the judge do the kid a favor and remove her from both of them. Give both the kid and the courtrooms a break.

664 days ago
19.

Tanzaboy1990    

Who takes a child from her father ....she's a mess...I feel sorry for the dude

664 days ago
20.

Madge    

Colour me surprised that she has gone running straight to the courts. Most adults with their childs best interests at heart would want to do everything in their power to come to some sort of agreement in private but it seems like she has never been interested in that. She gives mothers a bad name. Dont get me wrong, I dont condone violence most especially not in front of children but the only accounts of the situation have come from Halle, fiance or people int heir pockets. Police, dig out these survalence tapes and dig them out now! My god, you would think that would be the first thing they would have asked for!

664 days ago
21.

jaygirl    

Can you say SETUP? Then can you say TWO TO ONE on what actually happened once Aubry came to drop Nahla off? This has been a mess from the very beginning. It appears that Halle is trying to replace him with Martinez by the way she has the photo ops with her new (soon-to-be-ex) man with Nahla. Can't do it. She thought she could use Aubrey for stud service and he'd move on. He's the father and obviously wants to be the father and she's S-O-L unless, of course, she continues to find wrongly sympathetic judges to defend her position. Has she lied on every man she's been with when it's over or have ALL these men just treated her poorly? Huhhhh???

664 days ago
22.

hi    

Halle,you are making a big mistake here,let Gabrielle be a father for his child. You know what? the all thing will turn against you soon or later(karma),when this child grows up and put 2 and 2 together,she's going to hate for that,because you want to take the child away from Gabrielle and she loves her dad,so just do the right thing for the grace of God,let the Gabrielle be a part of her life,God bless.

664 days ago
23.

artie    

Gabriel Aubry is an abusive a$$hole...anyone who knows him knows it....

664 days ago
24.

ilovegossip    

@Lyric Marley:

FACT: Gabriel is one of the top paid male models. He is the face of Hugo Boss, and has been for years.

So much for YOUR FACTS...

664 days ago
25.

LK    

I'VE SAID IT B4
THERE is ALWAYS 3 SIDES 2 A STORY
HIS, HER'S & THE TRUTH

664 days ago
26.

OMGTex    

I can't believe that you people are blaming Halle. Gabriel STARTED the fight, so he's the problem. He's admitting to losing his temper before in past interviews (TMZ has it on file, look it up). You people want to hate Halle because she's the celebrity. That's sad. Grow lives dudes.

664 days ago
27.

Yen    

Mark my words- this man will get supervised visitation with the children, forcing Halle to remain here in the USA for sure and be more available than ever for the paps to harass. I have seen child molesters get supervised visitation so Gabriel will get it. She cannot eliminate him from the child's life. It's word against word at this point as to who or what started the fight but he has shown that he wants to involved with this child- so the judge will grant it. Stupid now- she had more control before - now it will be scheduled and he won't have to see her or the new man and still have his child.

664 days ago
28.

esi    

Oh if it's on TMZ it must be true....more of your/Team Halle's BS as w/the melodramatic calling up of her on-call security. Me thinks she's spinning her wheels in her futile attempt of getting full custody, knows she and Ollie 's geese are cooked on the security camera both or she's being more of a c-word. Will be surprised she if she gets it when she still has 10 on the existing order and who know what Fishbein/team Aubry has on the defense and counterattack? Best of luck....

664 days ago
29.

Sally    

He ws wrong for what transpired, but I feel he was set up in the first place and secondly, Oliver deserves some piece of this whole mess as he should not have been there in the first place. Halle is just plain evil.

664 days ago
30.

Cran    

Halle, even though your head comes to a point, you are not very intelligent. Most parents who are ex's know that the transition time of the child from parent to parent can be dicey at best. If Gabriel is kept from seeing his daughter will she thank you Halle? Do you look at the big picture? Who's going to take her to school, pick her up, buy her ice cream as Gabriel does everyday? There is a God in the heavens who will balance this mess and it may not go well for you Halle, see the thing is, you don't always get what you want. But most of America wants you to lighten up and face the truth, you are a spoiled child stamping her foot...."I want to be French, I want to be French", I wish you were and you would go away forever.

664 days ago
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