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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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436.

Wendy    

Halle is a vengeful beotch! She has been trying to cut him out of her daughter's life from the moment they split. I don't think she is stable at ALL! I think perhaps Gabriel Aubry ought to revisit the court for FULL custody as she is NOT working in best interest of this child. She has not been for some time.

704 days ago
437.

Janet    

Halle is a biotch and I bet she set Gabriel up by having Olivier confront him in the driveway. Gabriel should not have to put up with crap like that when dropping his daughter off. Halle is a disgusting human being all because she thinks she is queen s--t and should have what she wants when she wants it.

704 days ago
438.

whatever!    

Shes a witch! I have lost all respect for that HAG!

704 days ago
439.

liketoysoldiers    

There certainly SHOULD be security footage available, considering how paranoid she is about her daughter's safety in the US. (Yeah, right!) If there isn't, Gabriel should counter her safety concerns with his own!

704 days ago
440.

alex    

halle and kelsey grammer need to get together. they are both mental

704 days ago
441.

VimalaNowlis    

It seems that Halle Berry just cannot stop harass her baby daddy. She saw him on a poster on a bus and wanted him as sperm donor. Now she is doing everything she can to get rid of him and stopping him to have anything to do with the child. She seems very vicious about it. Her other mates are probably very happy that they didn't have a child with her.
If Gabriel can't control himself in an emotionally tense situation, he has a anger management problem but he is not a danger to the child. However, if Olivier can't control himself in an emotionally tense situation, he should not be allowed near the child either and Halle cannot see him or be with him if the child is with her. Gabriel can file for a restraining order against Olivier.
Why were they together in the first place? Any sensible parents would have arranged separate Thanksgiving parties.

704 days ago
442.

Sand    

Everything about this story screams "SET UP". Halle Berry and her fiance set up Gabriel Aubry to make him appear to be an unfit parent. Berry can not accept that the judge rule against her, and he was right to do so. This woman is devious and damaged,Olivier Martinez will find that out soon enough and will dump her as well. She has had problems with all the men she has been invlved with and she has used the Media to vilify all of them. The common denominator in all those violent relationships is Halle Berry. Get It!!!

704 days ago
443.

She's a monster!    

Ive lost all respect for this so called movie star, because she is no lady! Her BOYFREIND or whatever she wants to call him had no business walking up to her ex to say anything! JUST CREATING BS! this little girl was brought into this world by Gabriel and Halle not Oliver and Halle! Oliver needs to put himself check!

704 days ago
444.

Jen    

I'm glad to see so many people take fathers' rights seriously. If the father has been good to the child he should have his FULL RIGHTS PERIOD.

704 days ago
445.

LB    

I think the child needs to be removed from both parents until they all get some kind of professional therapy. This little girl is seeing violence as a way of life and it is very damaging for her future.

704 days ago
446.

rexcraigo    

That's some great judgment you used there Halle on picking those outstanding men.

Not.

704 days ago
447.

White Women Can't STAND It!    

2% rule...WHATEVER! If your mama is white then you ain't BLACK. You white women can't STAND it, (hence my handle)...y'all will crawl under a BLACK man in 2.5 seconds but hold the phone if a Black woman does the same with a white man. P-A-T-H-E-T-I-C all. Yes, you really are! Try writing a complete sentence and/or spelling your words correctly while you're at it. To all you who are certain she's evil, a b----, whatever else your limited minds can come up with, I'm so SURE Halle Berry cares not one whit if you ever go back to see her in a move. She gets TEN MILLION PER PICTURE and you've already made her rich!!!! Hahahahahahahahahahahaha!

704 days ago
448.

marinella    

halle...you need to come down with arressting the father of your kid..no matter what ...nobody will love her more than her father and you're in an angry mode...let it go...and have thanksgiving with people that are important for your kid if you're such a good mom...jezz...

704 days ago
449.

marinella    

dont like you anymore..lol

704 days ago
450.

Disguised    

Olivier should be and I hope is, successfully sued for criminal battery, based on California State Law on Self-Defense: According to California law, you act in lawful self-defense if you: reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched, believe that immediate force is necessary to prevent that danger, and use no more force than necessary to defend against that danger. The general rule under California self-defense law is that you are only allowed to use enough force to combat the force being used against you. So again, the pictorial evidence of Gabes face and of Oliviers hand, would have many to conclude (and hopefully a judge and/or a jury will agree) that Olivier beat the crap out of Gabe (way beyond self-defense). It's a good effort on Halle's lawyers part to get Oliver back to the hospital today, so he looks just a injuried as his victim.

704 days ago
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