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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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376.

Mandalay    

You can read David Justice's side of the story here: http://www.lipstickalley.com/f15/throwback-article-david-justice-halle-berry-can-you-see-pattern-452109/ Halle Berry is a crazy, evil, selfish woman. It's time to boycott her movies and the products she endorses.

640 days ago
377.

Drea     

Halle is one psychotic, pathetic human being (I can't call her a woman bc she is far from it!)! And Oliver, Halle has RUINED U! Now I can say, u are just as pathetic as she is! Y'all will do anything to keep Gabriel from HIS dtr! Y'all 2 are useless!

640 days ago
378.

Val    

Of course she's going to rush to court. She set him up and wants that previous order reversed too. She'll get that child to France yet!

640 days ago
379.

dee    

i also think halle is behind this she seems very vindictive towards her baby daddy she jumps from one bed to another shame on her

640 days ago
380.

ftt    

So what you are saying is he made Halle's BF punch him???Sonds like her BF is the one with the control issue

640 days ago
381.

ashydog    

her fiancee should have nothing to do with this it was a set up and that poor dumn guy Gabriel walked right into it, there is a saying " beauty is skin deep, ugly goes to the bone" that should be Halle's saying, how could all her relationships end so badly? it has to be her.

640 days ago
382.

destiny    

This woman is a bitch. She tried to have the child and the father apart just because she doesn't want to pay 20k a month to the father. She also doesn't want the child to be with the father. I will not see another movie that has her in it. She is such a low life. She doesn't think her action affecting her daughter.

640 days ago
383.

michelle    

I think Halle is a beautiful and talented actress. However, let's not forget that she has a history of being with "abusive" husbands.... David Justice baseball player for the Atlanta Braves? I hope for two things...this is not a cycle for her to pick abusive spouses, or she is not a woman who can drive a man over the edge pushing his buttons. There is a pattern here.

640 days ago
384.

Paul    

Harvey is a dirt bag! He has hired guys for sex from the gay rags for year and years. I know many of the guys who use to give him massages and get him off and this was when he worked as a field reporter at CBS local news in LA during the early 90's. He was a nobody back then. Blows my mind that people are stupid enough to watch TMZ. A group of idiots giving there worthless opinions on celebrity gossip? Who the hell would EVER think people would care but apparently they do. Shame on you Harvey for making a sleaze like Halle Berry out to be a victim. She is a nut job and I am not the ONLY one who feels that way. Read some of these messages.

640 days ago
385.

Paul    

Halle Berry is a witch! Selfish and cruel! She has had nothing but troubled relationship with men. Now she is trying to cause a wedge between a father and his daugther. I hope her daugther grows up and hates her mother for keeping her father out of her life. I know I sure would if I were her. Miss Berry is the worst woman in the world!!!

640 days ago
386.

jlev    

The shame of all this is that we are only hearing "highlights." Berry has been trying to obtain full custody of this child to remove her from the US. Her father is here, and he is involved and loves her. Why would you mess with that?

640 days ago
387.

sharon    

so very sad for all involved. They should try to get along for Nahlas sake, if nothing else. She will never forget what happened.

640 days ago
388.

tms    

Next on the agenda...Halle does the talk show circuit boo hooing to anyone who will listen!

640 days ago
389.

Willa     

It is wrong for Halle to try to push Gabriel out of his daughter's life. He is trying to be a father to his kid and she is putting him through hell!

640 days ago
390.

coolkid256    

This guy has anger problems. His ex- girlfriend publicly warned Halle that he had a temper and everyone is like "oh he just gets mad" then he pushed the babysitter (while holding the baby)...had to go to anger management and throws a punch at a guy during a drop off. And Halle gets blamed for all of it? When will this grown man be responsible for his own actions like you or I? Its insane how much people defend him.

640 days ago
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