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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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61.

Shaunie    

Crazy Gabe was at it again. It's obvious Gabe started it if he was arrested. Stop sucking Gabes private parts people. He has a horrible temper

606 days ago
62.

Shaunie    

And Gabe doesn't need to be around that little girl! He's violent and she doesn't need to see that mess. She needs a positive male figure. If the child's father is acting like a baby then he doesn't need to see her.

606 days ago
63.

OutstandingWorldCitizen    

Now TMZ is saying Gabriel ALLEGEDLY started the fight. He is a bigot with anger issues. He has not said ONE bad thing to sully her reputation which should make folks think. Especially those who parrot those unfounded allegations. Custody battles bring out the very worst in people. Hate to say this but women can be brutal. Next thing you know she'll be saying he's a molester. Funny thing is she wanted a child so bad that she would have one with a man who will always make less $$ than her and is a bigot. Based on the way she handled this from the beginning I side with Gabriel. I always want to give women the benefit of the doubt but being a woman to divorced female friends with kids these things get ugly on both sides. And unfortunately some times the women are just plain ole vindictive. More important, where is the tape proving he started the fight? What is up in California? You would think they'd be all over the surveillance tape? Fishy.

606 days ago
64.

MzTee    

This is not news,but entertainment. It's amazing how so many believe whatever media puts out there....you're on the outside looking in through someone else's glasses.

606 days ago
65.

wendy    

now lets all look at this like adults. does she really need to do this?, is this man really a threat? restraining orders are being abused, that is why so many people that have them are failed by the system. we recently lost a beautiful woman in my community by her husband .her last words to the judge were " i don't want to die" then i read this nonsense. i lost all respect for halle and her pretty boys.

606 days ago
66.

Seldombinlaid    

Her whole plan has worked out well. But, don't think the judge will fall for that. These judges weren't born yesterday whore.

I won't waste money watching anything with her old ass in it anymore.

606 days ago
67.

LISA    

allegedly started the fight with Olivier Martinez right in front of 4-year-old Nahla.


Does that mean Halle isn't sure who started the fight?


I thought Nahla wasn't there for the 'fight'? Did you mean to say argument, TMZ?

606 days ago
68.

tiff    

The pretty female celebrity will go through as many judges as necessary to get exactly what she wants. It's not as if we've never seen this happen before in California.

606 days ago
69.

Tmzfan    

Well there you have it. Now he won't be able to see his child at all. Pack your bag folks! You didn't like the judges ruling so you do it your way. Ah rich people gotta love it!

606 days ago
70.

Shaunie    

I'm glad she found a better guy bc Gabe is trash! He should've stayed with Kim Kartrashian.

606 days ago
71.

tenley    

I don't understand how Olivier could make a citizen's arrest on U.S. soil and any U.S. police force recognize it -- he's not a U.S. citizen, for one thing, is he? Shouldn't he be charged with unlawful detainment of Gabriel or something?

606 days ago
72.

Missy    

I hope Judge slaps her down for setup. She's disgusting & so is Martinez. No doubt she is always out to set him up & boyfriend busted up his face because he's jealous of how handsome Aubrey is.

606 days ago
73.

tenley    

The whole thing smells of setup -- like a father/model who just won an important child custody round in court on Thanksgiving Day would be the instigator of a fight on his ex's home turf with a boxer who goes straight for his face and then, though he isn't a citizen, does a citizens arrest. Yeah. That all makes 100 percent sense and doesn't sound like harassment and an attack on Gabriel.

606 days ago
74.

Mrguy    

The reeks of a setup folks, why was the boyfriend getting in Gabriele's face? This was provocative and they got exactly what they had hoped for. I went through a nasty divorce and my ex was constantly trying to accuse me of things so I NEVER got my daughter without my own witnesses or cameras present. By the way, I was awarded custody over my 4 year old daughter at the time and that was 5 years ago...the court didn't like her antics either.

606 days ago
75.

Trolllalalala    

Who gives a crap about this has been? So tired of seeing her drama. Isn't Halle Berry a guy anyway?

606 days ago
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