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Halle Berry

Will Rush to Court

for Restraining Order

11/25/2012 11:00 AM PST BY TMZ STAFF

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.


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I use to feel sorry for Gabriel but not anymore. He needs to move on but most of all get counseling for his anger problem.

639 days ago

Ginger Stafford    

How long she knew that young blonde boy? Then gets pregnant by him, he saw her coming a mile away. When you have money, they can smell it. Plus she is a celebrity. Of course, he wants cusody. She is paying right? You wanted that toy so deal with it!!! To late to cry wolf now, you open the door and let it in.

639 days ago

Pamela Petersen    

Halle Berry is a Bitch. She's done nothing but try to keep Gabe away from his child. I've heard that he is a great caring loving father and just wants to be with his daughter. That French Jack Ass has no right telling him that he should move on and let her take his daughter to France to live. I would have told that guy that if he wants to marry me, move here. Gabe has every right to be pissed.

639 days ago


Halle very vindictive. They need to grow up play nice, for the sake of their daughter.

639 days ago


I believe that Martinez instigated the fight because I read somewhere that right when Gabriel was dropping off Nahla, Olivier, came up to him with his hands in the air (as if he was throwing gestures) at Gabriel, of course (natural instinct of a human being, is and always PROTECT YOURSELF,coz I would do the same exact thing if I was in his position), according to these reports, Olivier said something after making the gestures to "Let's move on" or something to that effect. Google it... I firmly believe it is a SET UP for Gabriel to lose custody and Nahla be taken away from him completely. Coz one thing is the truth here, we all know HALLE WANTS GABRIEL OUT OF NAHLA'S life. I have never been a fan of this stupid biatch, and I think in all of the films she's made, I've only seen ONE movie of hers, that stupid comic book she portrayed, can't remember the title, but one thing is for sure, i WILL NEVER EVER watch any films or anything this dumb sluuuut endorses!

639 days ago


Gabe has working all this time or as his schedule permits when Halle isn’t hauling his a $$ in court.
He did the Hugo Boss Spring 2012 campaign and is on the site for the Fall campaign
He has also done other work too…

639 days ago


how come tmz hasn't run anything on Halle gets another visit from DCPS-oh prolly bc it's from ROL. Just a formality but Halle prolly planned that too. It will all backfire on her too. Losing Isaiah.

639 days ago


**** Halle is a real monster! Stiil lot of time before Oliver chek it. No wonder Gabriel is flipping out with such a c++t.

639 days ago


You go into the jungle with the monkeys, you'll come out eating bananas!

639 days ago


Halle is an evil piece of ****....eventually she'll end up just like Whitney, drugged out, alone and face down in a bathtub. She's already beginning to lose her looks....

639 days ago

Beauty Dude    

Smells like a set up in order to grab the girl and flee to Paris after being angry at the judge who denied her, Now this poor guy might be forced to returned to Canada. I know hollywood and they do dirty pool.

639 days ago


Halle approached Gabriel at a photo shoot. She pursued him,spent years with him, tried desperately to have a baby with him, HAD a baby with him. Now she wants to throw him away, so she does everything she can to drive him crazy. Most parents would feel murderous toward someone who tried to steal their child and move to another continent. I have NO sympathy for her, narcississt.

639 days ago


As much as I love how hot Halle looks. I too, would not be surprised if she instigated the fight. She does suffer from some sort of depression & she totally strikes me as the type that would pick a fight & take advantage of her clout to put blame elsewhere. So sorry for that gorgeous child, who clearly, will have issues later on.

639 days ago

Ms. Realistic    

Halle is bitter she lost in court, so what better way to regain control than plan with Olivier to say just the right thing to piss of Gabriel. She knew exactly what she was doing.

639 days ago


When Nahla is older she will figure out what her mother is all about. I feel sorry for Gabriel, as this "smells" like a set up. Halle needs to put her daughter first, before her plans with her lastest man friend. People have a long memory of some of the things she had done. She has a poor track record when it comes to men and it is time for her to grow up. Good luck Gabriel, as you will always have to watch your back. For now on, always have a policeman present when you get near Halle so that you have a witness.

639 days ago
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