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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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406.

shelly    

If she wanted to have a child all to herself, she should have gone to a sperm bank and used an anonymous donor. Now she's stuck with someone who apparently loves his kid and is trying to stay in her life. Imagine that.

508 days ago
407.

pandora    

I love all the people defending her ex, it's adorable. I don't care how in your face someone is, you don't fight in front of a child. Both these men lack self control and are selfish for putting their feud above the welfare of a child.

508 days ago
408.

pandora    

And none of you know what happens behind closed doors. I'm sorry but I don't care if it's your daughter, if you can't control yourself then you don't have the right to a child. And as a mother I would also try and keep him away

508 days ago
409.

texaschickeee    

Honestly this has Halle written all over it. She didn't get her way with moving and taking the kid away- so she started the stress and he responded. I would also believe that she did it with enough press to say "I'm scared" but the fact is - Halle Is the psycho one. Always has been. I hope the judge DENIES her again And Oliver...Run like hell now.

508 days ago
410.

ruby120    

What a dirty bit! She just thrives off all this attention. She is one sick pup! No wonder David Justice beat her, she's nuts! Now her crazy self has got 2 men trapped in her looney toon life! I feel bad for both men,they are stuck between a psycopath!

508 days ago
411.

Renee Allman    

What kind of animal is halle with that would do this in front of a little girl the monster shes with should be put in jail. Check the cameras nobody is buying it. What an evil woman to let this happen to her babies father who loves his daughter. Deal with the fact that he dumped you! I hope you both get caught in your evil plot. your Jealousy is disgusting .

508 days ago
412.

Maytilthen    

Sad for the little girl. The most important relationship in a young girl's life is with her father. Parents should do everything humanly possible to make this as easy as can be on the children. They should be grownups.

508 days ago
413.

LetsBeReAL    

I smell setup. I hope the judge smells it too. How convenient for Halle that now she can have a restraining order on her ex? She'll be gloating all the way to France.

508 days ago
414.

kaden    

This is a set up, Berry wanted to take the child to France and the judge said no,she has had problems with all her other husbands, they claim she has mental problems ,What she has done to this young man is just awfull, she even made racial comments about him,Halley get help

508 days ago
415.

nikkireps    

im having a real hard time feeling sorry for this lady. if she had any kinda sense or the concern she claims to have for her kid, everytime she steps into court, she'd drop the guys shes w/, and concentrate or REAL priorities. just another woman lovin the drama that surrounds her cuz shes at the center of it all. like i said, i dont pitty her. i do pitty her daughter tho. its not her fault her mom cares more about herself and the things she wants, than she does, the little girl.

508 days ago
416.

Canadian    

Gabriel is VERY HOT. Enough said!

508 days ago
417.

Jillian    

This bitch only wanted him for a sperm cell. I really can't stand her anymore and I hope Aubry gets co-custody. Halle Bitch Berry needs to be knocked off her pedestal.

508 days ago
418.

tabloidjunk    

This is so sad. I'ne lost all respect for this woman. It seems she has been getting away with painting ALL of her men as abusive to her and she has gotten away with it both due in part to her beauty and the men never arguing her attack against them. They have sim[ly quitely gone away. But, unlike those men, Gabriel has a child with this crazy woman and it's clear, unlike the other men, he's not going to let Hallie simply go before the camera's and paint him as the abusive man like she did with all her others, nor is he simply going to slip into the night like her other men. Gabe has a kid with Hallie but it seems she doesn't care. She's more concerned with continuing the same attitude she did with her past men. She dates you, marry you or in Gabe's case, have a kid with you. Then when she gets sick of you move on and cry the victim.

I feel sorry for this man because he seems to really love his kid to be putting up with this coniving ish of WOMAN and her endless selfish ways.

508 days ago
419.

shauna    

Why was Martinez even there at the exchange of Nahla. All of this could have been avoided if had kept his arse in the damn house! I fault Halle Scary for this. She should NOT have allowed Martinzez to be present when Nahla was dropped off. She is an evil wench.

508 days ago
420.

Amanda    

Has anyone stopped to think perhaps Gabriel has been making alot of snarky comments to Halle and was yet again making them when he dropped their daughter off and Oliver was only trying to make peace and find a way they could all move on and show a united front for the child's sake? I'm not defending anyone I just don't think anyone would walk up to somone and say "We need to move on" without something else having happened or being said before.

508 days ago
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