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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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451.

Evelyn Gutierrez    

It seems to me that Halle Berry and her fiance had it all planned out. I have no respect for a parent that tries to take the children away from the other parent. OfCourse Gabriel would be pissed of and now they will use this against him to take his daughter away claiming he has anger issues. WOW!

663 days ago
452.

Stacy    

Models don't start fights - their jobs depend on their looks and when you are black and blue with a rearranged face, you can't work and you may not look the same afterwards. Fighters with rage issues intimidate and beat the **** out of others. Halle is a looney tune for wanting her daughter around this guy, and I would fear for them both.

663 days ago
453.

Nutystang    

I believe this is a set up to take the child away from Gabriel. Shame on you Halle I had a different point of view about you when you were first going thru this custody battle. Now you should get a taste of your medicine. That will always be his daughter

663 days ago
454.

Trixielolo77    

I'm just curious, was anyone at Haller Berryessa residence when this happened? Because based on some of the strong statements and comments, it sounds as though everyone saw the whole fight unfold before their eyes!

663 days ago
455.

Trixielolo77    

Just curious.... based on the strong statements below, it appears as though some people were actually present at Halle Berrys residence when this fight took place and witnessed it with their own eyes.

663 days ago
456.

jen    

Of course she did. She is always looking for ways to cut him out of his child's life. Halle and her frenchman are psycho!!

663 days ago
457.

andre`    

As I know Gabriel through a mutual friend, he does have a temper and have major anger issues. So I can attest to say that he may have provoke this fight. You should not have put your hands on anyone. If you choose to do that, then you choose to suffer the consequences. In Gabriel case, he got beat down. He deserved it. Second, they all are in fought. They need to try to work things out for Nahla sake since she is a part of all their lives. Come together and try to repair any damage that has been done.

663 days ago
458.

untwister    

Messed with the wrong mofok got his @ss handed to him, and its the womans fault. Good choice halle.The french guy is a boxer. LOL got beat by a short french guy,looser pest. 20k a month is not enough?.

661 days ago
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