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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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391.

black2deep    

Really? I am sitting here, thumping myself on the forehead for reading the juvenal comments posted. What the heck was I thinking. You people really need to get out a bit more often. There is a real world out there.

633 days ago
392.

garwilly     

Why this b!tch needs a restraining order for, just to keep dude away from his daughter...I use to like Halle but all she does is bad mouth every man she dates or marry thru her €unt of friends, but not saying it directly! That's a truth bitch!!!!

633 days ago
393.

Amy    

What a bitch! She set this up probably, she is pissed she did not get to take this child to France and is doing all she can to once again give this man a bad rap. What is crazy is she has Olivier guy so wrapped around her finger that he is willing to be a puppet in her schemes. Bitch is totally not doing herself any favors. Now CPS is involved

633 days ago
394.

michelle    

.
.
now the female will have to shell out more $ for transport between parents
.
why hasn't G.A. filed against these two people,
they are after all trying to steal his child

one of the worst things that people do to children is separate them from their whole world/their parent(s), for a parent to do this to their own child is most cruel
.
the child/parent bond is stronger even than the marriage bond
.
Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder
.
G-d bless
.
.

633 days ago
395.

Me    

I've been reading all over the net after reading some of the comments here, that I guess Gabriel is insistant that he did not start the fight (which I believed to be the case, didnt think he was that dumb), and he wants security footage from HB's released immediately to show proof.

If you think about it, his injuries are consistant with what he says. He was the most injured, with Ollie walking away with maybe a broken hand.

I think we should all flood his lawyers office with letters to show he has support from the general public, and that 95% of us out there can see this was a set up by HB & her minion.

This is all too obvious.

633 days ago
396.

Diana    

Really? A set up? Come on. When does any responsibility for his choices get put into his lap? Even if, and I think it's a huge IF she did make it a "set up", he's clearly predisposed to violence. That's on him. Aside from that, if she knew that, why did she have a kid with him. That I don't get.

633 days ago
397.

katela    

I understand there is security film. Where is it?

633 days ago
398.

Levi    

Ok after some point this women Halle Berry has to be deemed crazy. I fell sorry for any man who gets involved with her. She is always getting beat up or beating on her man which ever one it is. Men aren't always the issue and clearly she has major issues. She is like a lottery ticket, you think it's the million dollar winner and once you scratch it you find that you are a loser agai!!!

633 days ago
399.

sanye    

Read first comment.. *scrolls back up* no time for paragraphs on this negativity. Whooo caares

633 days ago
400.

andy    

the woman's a "miss-wire job"

633 days ago
401.

Judy    

Really you people have no idea what went on in that relationship. Before you attack me for not knowing either. I admit it. All I know is what I read like all of you. What is your issue with Halle Berry? Jealousy would be my guess. Get a life the guy was set up? Why go to her house anyway. He really seems to be the insigator in this.

633 days ago
402.

Good Job Charlie    

I can't stand the woman I feel sorry for Gabriel. He needs his daughter to who the HELL is she to keep her away from his father. Halley fiance needs to be charged on this incident. Gabriel got beat with broken bones. The judge should take the child and give to Gabriel not to Halley she is an EVIL woman. Gabriel loves his daughter. Halley is you reads this what goes around comes around and you will get what you deserved. Gabriel has the right to see his child you don't think about your daughter at all she needs her father.

633 days ago
403.

Val    

Did any of you read the comment below at all? :

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.

Why all the hate with Halle? If this were turned around and it was Halle doing this to Aubrey (Usher and his ex) everyone would still be blaming Halle and calling her a gold digger,Just because the man is hot does not mean he can't be an ass. Just because the woman has had men do her wrong in the past does not mean she is at fault or crazy. Seems all the exes did something to her not the other way around. And who defends a man that can work and want because he gets paid from his ex.?

633 days ago
404.

KarenF. from Chicago    

Nahla is going to break Hallie's heart..I think Halle is selfish and its really sad.This child will see what halle has done to keep her Dad away from her. Gabriel will fight like any parent who loves their child. Halle is the Devil. .So pretty but soooo DAMN Ugly!!!

633 days ago
405.

Valorie    

I use to like Halle Berry as an actress, now I just see a spoiled girl throwing tantrums in public. Halle & Oliver set-up Gabriel Aubry on Thanksgiving Day. I hope to God that the Judge gives full-custody to Gabriel since Halle is just using the child for her own selfish needs and trying to keep her biological father out of her life. Gabriel needs to try and get full-custody because Halle is a loose cannon and so is her boy-toy Oliver Martinez.

632 days ago
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