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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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31.

g is the name    

The thing that's getting to me about this is that Two Grown Men have an altercation by their own accord and its "that bitch's" fault. Seems like america is raising a stupid generation of woman haters or black woman haters. Which one is it?

664 days ago
32.

rumsrite     

Hopefully that judge sees through her bs

664 days ago
33.

Mandalay    

Hellberry annihilates the reputation of every single man she breaks up with. There hasn't been a single breakup where she hasn't used her star power to attempt to destroy the image of the man she is no longer with. The public sees right through this. It is time to fight back by boycotting her movies. She is truly an evil person. She set this up. There's no doubt about it.

Olivier rode on the coat-tails of Kylie Minogue, various other rich female celebrities and now Halle Berry. He is the "Wilmer Valderrama" of France. Those two losers - Hellberry and France's Wilmer - deserve one another.

664 days ago
34.

Mandalay    

Hellberry annihilates the reputation of every single man she breaks up with. There hasn't been a single breakup where she hasn't used her star power to attempt to destroy the image of the man she is no longer with. The public sees right through this. It is time to fight back by boycotting her movies. She is truly an evil person. She set this up. There's no doubt about it.

Olivier rode on the coat-tails of Kylie Minogue, various other rich female celebrities and now Halle Berry. He is the "Wilmer Valderrama" of France. Those two losers - Hellberry and France's Wilmer - deserve one another.

664 days ago
35.

esi    

Maybe Ollie can get a restraining order for his 7:30 Am booze runs to a sleazy psuedo classy booze ea\stablishment on the Sunset Strip? GT's ope 7 days a week 8Am -2AM and makes deliveries.

664 days ago
36.

CrystalBalls    

Of course its a set up. Step 1: Lure the target to a public event where all four can get together and enjoy thanksgiving (oh Gabriel, im so thankful that youre trying hard to be part of our daughters life and blabla bull****), putting the target at ease. Step 2: Invite him to drop the child himself instead of the nanny, so he'll spend as much time as possible, every single seconds with his child. Step 3: Once the drop is made, make sure to quickly whisk Nahla inside so she wont see what comes next. The target will most probably freak a little not knowing whats going on. Step 4: Use boyfriend to put target back to its place and remind him hes the future in Nahlas life, a few insults, how Frenchies are better then Quebeckers, a little shoving, should be enough to make target loose it. Step 5: Beat the crap out of target, remind him whos in charge. Step 6: Lose the security recordings and make sure every witness story is the same. Step 7: Call 911 and get him arrested adding insult to injury. Step 8: Get a emergency court order to keep him away from all of us. Step 9: Drag him in court one last time to get full custody and money back. Step 10: Move to France. Step 11: Pat yourself on the back for a job well done, mother of the year award for sure. Step 12: Consult your therapist, not for what you just put your child through, but because YOU just had a difficult year.

664 days ago
37.

esi    

Regardless what went down on Thursday and whether or not the camera was on or not, Halle Berry (not blaming) has caused ALL of this mess.

She openly admitted she pursued Aubry to be her sperm donor. She tries to buy him off since Day 1 for 4+ years. She has him lose his restaurant, give up his places in NYC and Miami to be with her in LA assuming a responsity he may not have been ready for. then when assumes the responsibility, she/they split. She no longer has use for him. She forgets to have an agreement in place. She meets someone new. Makes up lies dragging his a$$ to several times .They go back in forth. She ends up paying support because no agreement was in place. She is denied to go to France with her fake current flame. Thursday happens and poof here we are right now. regardless of what may or may not have happened Thursday , Aubry has had ample opportunity to hit Ollie it conveniently happens after Halle and Ollie can't move to Paris to keep their charade going. BTW in the X17 booze run video Ollie was already drunk and calling Nahla and Halle his family.

664 days ago
38.

Me    

Absolute setup. No respect for her. No respect for Martinez. What they're doing to the father of that child--all because the Queen now wants to believe the baby was a case of artificial insemination--is DISGUSTING.

664 days ago
39.

Mel Zipskin    

KFed 2.0
Jealous racist hags!!

664 days ago
40.

Empreinte    

A kid needs a father. And whenever there is a father who wants to be in his kid's life you should give him the time and space. If not your daughter might become a woman one day that trolls from one player to the next and never learning the lesson. Think about it, Halle!

664 days ago
41.

dale12    

Something is "fishy" with this whole ordeal...Even little Nahla knows whats up, check out the above picture...Nahla is sniffing it too!

664 days ago
42.

bb    

THIS. BITCH. AGAIN. (out of all the many names I'd like to call her, this is the only thing tmz will allow)

664 days ago
43.

susan    

I don't understand this hate towards Halle Berry. It didn't work out with Gabriel, she is paying him an obscene amout of money, she wants to move to France, the judge said no they must stay in the US. A fight breaks out between Gabriel and Oliver and the people with an over active imagination blame Halle, its stupid, plus the fact TMZ usually post total BS in the first place.

664 days ago
44.

liz    

So the boyfriend has to go....Nahla should be the first priority & if Halle was a real woman she wouldn't let any man come between her daughter and her father! Funny how Halle said nothing about Gabriel's "temper" until she wanted it to work for her. Bottom line, Halle picked the father of her child, Nahla didn't get to choose her dad so Halle needs to grow up and stop this sh**!

664 days ago
45.

pink    

If this is a set-up, I hope the judge sees through and penalizes her. I'd be more worried about having a child around that hothead Olivier, who obviously used excessive force and can't control his temper.

664 days ago
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