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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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76.

Krystale    

Maybe if Halle would stop trying to keep Nahla from Gabriel then he wouldn't act like a lunatic. She is such a kyattie!!

667 days ago
77.

tenley    

Halle is gross, I can never look at her in the same way or go to another of her movies (not like she was churning out winners). And by the way, as soon as she's done with Olivier be prepared for accusations from her that he threw punches at her and Nahla left and right.

667 days ago
78.

Mrguy    

This is a woman with a new love interest and she is trying very hard to remove the father from the child, my ex tried this exact same thing, except I didn't bite and never got my daughter in unmonitored areas...no one really knows the truth but honestly Halle sure is behaving a lot like my ex here.

667 days ago
79.

wow!    

Oh please fights happen all the time between men....Halle is taking this too far. Im scared of her and never met her. She is bonafide evil.....can play nice with people.....but behind closed doors....turns into vampire woman

667 days ago
80.

carla    

Just because her daddy got on a fight does not mean the child and dad need to be separated... She (halle)jumps at the opportunity to keep them apart...

667 days ago
81.

carla    

The things that is MOST troubling is that she is so quick to get the daddy away from child....!bad temper or not., daddy is daddy and he loves nahla... She is clearly trying to take the child away from her dad... I don't care if he was an drug addict, it is her dad... Halle berry is a dark evil woman... Doing anything she can to keep her child from her daddy....
Gross

667 days ago
82.

Missy    

She doesn't want to pay child support & wants 100% control of child. If she doesn't get her way, guarantee her next move will be to say Aubrey is a molestor. Just wait. She's despicable

667 days ago
83.

Baker    

No one told Gabriel to push or hit Oliver. He did this on his own. He has NO SELF CONTROL. Has a nasty temper and he thinks his good looks will protect him. He has pushed the nanny, the child and has been hauled into court several times because of it. He needs to get a damn job and stop living off of Halle.

667 days ago
84.

joejones    

Ask Billy Bob, he will tell you that this woman is a freak. The best way for the father to win is just communicate with a long arm .His child in time will reach out for him. Call her, send money, visit her away from the mother, just stay connected Let her know that he is her father and that he loves her , she will come to him. AND DUMP HIS LAWYER.

667 days ago
85.

Deborah    

I see in pics of Gabriel and Nahla u can see how much she loves him. I think Halle is jealous of her love for Gab. She's a vile bitch and I wont support her in any way any more.

667 days ago
86.

Trinori1    

Halle won't be happy until she's pushed Gabriel to the brink of despair and beyond.

667 days ago
87.

Kristi    

Good for her....This dude (Gabriel) has been an a**hole from the start. A lot of people say things about Halle but Gabriel had been an absentee Dad for a while when Nala was younger. On top of that, there were reports not to long ago that he had said some racist comments about Halle after their break-up. I do NOT support this dude at all, just from knowing that. We don't know what exactly transpired on Thanksgiving. He could've came there and talked a lot of sh** which would've caused Olivier to have to defend Halle. And if that's the case, good for him!

667 days ago
88.

nipples mugee    

Man, I know what this dude is going through... He just wants to see his kid and this spiteful women is setting up this guy and luring him into physical battle with this Oliver dipshi+.

667 days ago
89.

DRA    

How about not getting a restraining order, having a mediator to drop off/pick up the child and not having your boyfriend present when your ex is around. The same behavior from both sides is not going to get a different result?

667 days ago
90.

Rae    

I have no doubts that Halle Berry set Gabriel up. She is not going to quit until she completely alienates Nahla from her father. Oliver and Halle provoked a response from Gabriel, then Oliver beat Gabriel up, yet Gabriel is the bad guy?? I really hope the judge sees the truth through Halle's BS.

667 days ago
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