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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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361.

Ronald    

Gee, what a shame. Kid will end up in analysis no matter how this turns out.

698 days ago
362.

lisa    

I think Halle Berry is evil. I can't stand her as an actress she is sooo full of herself and not that interesting - but her hatred of men is a sickness. She was sooo awful to her husband and made up lies about him and now the father of her child....she's just disgusting. I totally think she set up Gabriel and I feel sorry for him. She's gross.

698 days ago
363.

ria    

Lol @ carla, wanting Halle Beery to be white so bad. Halle Berry consider herself black. Yes she's mixed but she's more black than white. Her features are more African. She just started daring white men. All of her previous boyfriends and husbands were black. Once you have black in you, you are considered black. It's the 2% rule.

698 days ago
364.

soberandsmober    

Wonder what David Justice is thinking right now. Ya know, Halle ruined that guys rep telling the world (on Oprah) that he hit her. I now have to wonder if that was true or not....

698 days ago
365.

LK    

DEAR TMZ :
CAN U PLS GET BACK 2 WORK LOL U'VE BEEN OFF WORK SINCE WED & I THK WE ALL R GETTING SICK OF THIS STORY. UPDATE US AFTER 2DAY'S OUT COME. UNTIL THEN PLS POST SOMETHG NEW ASAP & DON'T WAIT TILL SUN UP . PLS & TKS !!!!!

698 days ago
366.

LK    

DEAR TMZ:
P.S. MY LIKE BUTTON ISN'T WORKING AGAIN
& I'VE CLEARED HISTORY LOGGED ON & OFF REFRESHED THE PAGE EVEN SHUT THE COMP DOWN. STILL NO LUCK ! CAN U PLS ADDRESS THE PROB ASAP ! PLS & TKS !

698 days ago
367.

Morobi    

What a hassle. History repeats itself for the ten millionith time. And, because it has to, it all works out in the end.

698 days ago
368.

LK    

FIGURES IT DOESN'T WORK 4 THE LAST 5 HRS & SOON AS I MAKE A COMMENT IT STARTS WORKING AGAIN LOL

698 days ago
369.

Wiseone777    

I believe that Halle has bad taste in men. She seems to date abusive and tempered men, and that is normal, seeing that she came from a broken home. I just read David justice article about her, and my jaw almost dropped to the floor, because the words he used to describe Halle , were the exact words my ex used against me when we separated. It's classic abuser words, like I said, my jaw just dropped when I just read that article because it sounds like my ex. I am on team Halle on this one, firm. She needs counseling to find out why she is dating abusive men. Whole different issue here,folks.

698 days ago
370.

dart    

Didn't Martinez initiate the conversation with Aubrey? Isn't Aubrey the one with a damaged face and Martinez with a hurt right hand? This doesn't add up. If I was Aubrey I would have someone with me to drop of my daughter or have a mediator do it.

698 days ago
371.

mbcanada    

To everyone who is angry about this, here's an idea. Let's boycott anything Halle Berry is involved with. Write a letter to the following companies to let them know your disgust with this spoiled, stupid woman and that you won't be buying their products because she is involved. She has a new shoe line with Deichmann. She has also been with Revlon, Versace and has a perfume line with Coty Inc. Let them know how their involvement with her is going to hurt their bottom line.

698 days ago
372.

Lucille    

Racism still reigns supreme in this country as a white foreigner trumps a black American citizens any time with the majority of you people. Aubry is white and Halle is black so according to you he must be right although you know he's guilty as hell, but people on this disgusting blog would rather see Halle and Nahla endangered by this psycho rather than admit the truth. Many of you are just as twisted as Gabriel Aubry.

698 days ago
373.

Mandy    

Halle Berry seems like a huge ****.

698 days ago
374.

Leslie    

He is still the father of your child and if it had not been for him, you would not have had a child at all because, Halle, you could not get a man or keep a man and now the one man you did you, your trying to bar him from seeing his daughter and that's not right. Maybe he had a good reason for fighting with Oliver ... did you even ask Gabriel ... his side of the story. Halle has been trying to take the child and keep the child all to herself for a long time and she did not create the child by herself and she can't keep the child all to herself. Halle, stop trying to make up excuses for trying to take full possession of the child and show Gabriel, the father, some respect and stop placing your workers and friends above him. Everybody knows how antagonizing spanish people can be, Oliver probably did start the fight with Gabriel.

698 days ago
375.

esi    

Sorry, if I am a little slow on the game TMZ which is it ---is the temporary restraining order up this Tuesday the 27th or Thursday, Dec 3rd as yhou originally reported? Also, you reported that Nahla wasn't present during any of the altercation/set up, then you changed your tune? Be consistent in the babbling bull **** Team Halle feeds you.

698 days ago
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