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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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46.

Shibualexander    


I dated a girl for about six months that I totally feel for. We got along great never fought but one night, i had much drink on me and then got a little jealous and then embarrassed her in front of her friends. because of that she broke up with me right there and then. for the first week i tried to do everything in my power to get her back and then i didn’t call her for a couple of weeks. we did email but she stated that i had embarrassed her and that she would never put herself through this again and that was the only thing that broke us up. (during this time, i actually contacted a spell caster prophetharry@ymail.com to help me put things together with his love spell and it helped me alot After this spell was done i waited about 3 days and the next day she sent me a light hearted text in which i responded back to. we came back to together and for about a week now we are still together.

Shibu

660 days ago
47.

Meg    

Gabriel is no threat to his daughter and the only reason this happened is because of Martinez. Halle really needs to get her head out of her ass and think about her child and not her wants......if readers of TMZ can clearly see this was a set up, so can a judge. She is such a lying c*nt!!

660 days ago
48.

Okay    

I hate Halle Berry with a passion she is so vinvindictive

660 days ago
49.

talynn0725    

None of us know the story in its entirety so why the heck are u people acting like ur all close and personal friends with them??? There is probably much more to this story then any of us will ever know, so why all the judgement??? smh

660 days ago
50.

kcrosie    

Well, of course she'll rush to court. Did we expect less? I wouldn't put any of this past Actor Halle and Actor Oliver set this up, in whatever way they do it. They know what to say, when to say it, and what buttons to push. She's vindictive and evil and will stop at nothing to hurt the father of her child.

660 days ago
51.

Vee105    

Halle is one phony evil, violent bytch! I pray she looses custody!

660 days ago
52.

Vee105    

Gabriel should get a restraining order against Halle's crazy azz! I hope the court sees through Halle's scheme! Halle is definitely the nutty, violent, unfit parent here!

660 days ago
53.

peter    

child protective services will probably get involved and take custody of the nahla immediately , since halle does not seam to be mentally stable frankly . you watch if child protective services does not step in or not on monday .

660 days ago
54.

Bossy Potato    

The guy tried to take his daughter to France! Even took him to court over it. Obviously he has beef!!! Team Aubrey!

660 days ago
55.

JustMe    

TMZ has their head stuck so far up Halle's ass they can see her teeth. Could they be any more one-sided in this? If this was any other case, TMZ would have already pulled the proverbial strings and obained the video footage of what happened. Come on TMZ since when did you become Halle's bitch?

660 days ago
56.

leslie    

WHEN A COUPLE PLAN TO HAVE A BABY THEY ARE BOTH PARENTS ONE CANNOT MOVE ON AND EXPECT TO KEEP AN INVOLVED PARENT AWAT. WHAT IS BEING DONE TO THIS CHILD IS UNFAIR. SHE IS PLACED IN A CONFUED STATE. HALLE ,STOP THIS DRAMA ALL OF THIS ILL WILL TOWARD EACH OTHER IS SELFISH AND CHIILD LIKE. ALL OF THIS BS ONLY HURTS YOUR CHILD. HALLE GET OVER YOURSELF, GROW UP AND BE A MOTHER TO YOUR DAUGHTER. TIME TO GO TO A GOOD THERAPIST AND WORK OUT YOU ISSUES. YOUR DAUGHTER NEEDS HER MOTHER WHO PROVIDES HELPFUL SUPPORT, NOT ONE RUNNING AROUND AND KEEP TURMOIL AWAY FROM THIS SWEET LITTLE GIRL.

660 days ago
57.

Nancy    

First of all NONE OF US know the truth in this mess. Second, even IF she is SETTING HIM UP, he took the bait and still started a physical altercation in front of his daughter. Say it was a "test". HE FLUNKED. He obviously has anger issues. He better get his **** together or he will never see his daughter again unsupervised. Either way the child suffers. Nicely played, ADULTS.

660 days ago
58.

kat    

Theres more interesting stories then this one. Who cares!

660 days ago
59.

MzTee    

No one knows what happened but those involved,you people are so full of it.

660 days ago
60.

stargazer    

There's a lot of Halle haters. Well lets talk about the crazy biotech Brittany Spears who abandoned her children. This stupid biotech don't give a f^ck about her children and have the nerve to be on a reality show instead of trying to be with her kids. Can anyone say CRAZY BIOTCH BRITTANY?

HALLE is raising her daughter. But the CRAZY BIOTCH BRITTANY NEEDS TO BE IN AN CRAZY HOUSE. CAN ANYONE SAY COO COO BRITTANY?

660 days ago
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