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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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91.

Glenda     

From what I remember you reporting, it was Olivier that said something that incited Gabriel and provoke him into the fight. Perhaps Gabriel should also have a restraining order against Olivier to stay away from him. They are both to blame and I am sure Halle would stoop to anything to get her way so she could move to where ever she wanted to move initially.

609 days ago
92.

Rae    

"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..."

Gabriel's face is proof-positive that Oliver can't control himself either. So I guess Oliver has to go, because Nahla isn't safe around him either.

609 days ago
93.

lisa    

Some people become so angry once they have kids. It's a good thing she didn't have more.

609 days ago
94.

Rob    

Obama voters...what do you expect. Trash.

609 days ago
95.

katwoman    

I like Hallie but she needs to take a look DEEP inside and notice that she is drawn to violence and chaos in her relationships. Not good without a child, and disastrous with a child.

609 days ago
96.

carla    

Halle is WHITE.... Her black dad ain't around and her white mom raised her... She dates white men.... You are an idiot

609 days ago
97.

loe    

Some people watch too much drama. A real man would not try to squeeze more money out of Her. No matter how much she makes. If she is paying the bills than he has no right to their kid. If he wants to see the kid, he needs to be a real father share the child support. Grabiel went to her place, if anything happens he knows he should get out but he started a fight so he should know the consequence to that.

609 days ago
98.

brownbunny    

It was just a matter of time before Aubrey showed his true colors. Halle called him out on his abuse a while back and everyone sided with the model-boyfriend. HE'S getting thousands in child support and he still can't act right. I hope she uses this to the fullest and hire some kick-ass lawyers and NOT use the ones she had when this sorry piece of crap took her to the cleaners!

609 days ago
99.

Cynic    

remove the kid from both parents , neither is suitable to be a parent at this time, especially the nasty halle

609 days ago
100.

rye    

If Oliver beat Gabriel so badly that he also couldn't stop then Oliver has a control problem as well.
Set-up, yes.
She has to have video, after all she needs to protect her daughter. Anything less is a problem for her.

609 days ago
101.

Brenda    

Is this bitch insane her new sperm beats the shift out of her old sperm and she needs a restraining order bitchplease if u didn't want drama there would be no drama. When me and my son's father ended 1st off I didn't have a new man till 3 yrs later and secondly I met him solo for drop offs every other weekend at the local Walmart to avoid bull****! Halle doesn't give a **** About her daughter I would never disrespect my sons father and trust me it isn't easy but OUR CHILD loves him as he should its 50/50 dumb bitch! God sees all and this is the year of reckoning!

609 days ago
102.

carla    

Halle berry is basically white... Her black dad wasn't around and her white mom raised her... She dates white men.... Why are people trying to play the race card???? She may be half black but she had a almost all white baby.... stop with the racist **** when clearly Halle didn't go out and have a baby with a black man....

609 days ago
103.

Kelly    

What about Oliviers quick temper? I hope it blows up in her face. Sadly, she will probably get what she wants, not what's best for the child. All she has to do is arrange a neutral pick-up and drop off place and make her boyfriend mind his business. He should not be aloud around the child either. Sadly, the child is the one that will lose the most.

609 days ago
104.

Zoe    

I wish the judge would give Halle the set down she deserves and wipe that smug smile off her face. I'm a black single mother and she gives us a bad name! I fully co-parent with my ex and I would certainly never do all this conniving and scheming to get my child a new father. Halle's mother should be embarrassed the values and morals she has raised in her daughter.

609 days ago
105.

Hazel    

Gabriel needs to get Nahla away from Halle and Martinez, they ARE dangerous. If Halle does not have footage of this fight, and shes trying to argue shes worried about her daughters protection, thats enough for a good Lawyer to argue to get Nahla away from her, because thats not what this is really about and shes using her child as a pawn because shes scorned and crazy and this is not going to end well. I can see her being on trial for trying to have him killed. She does not even understand how bad Gab was beaten it was done by someone with an obvious anger issue as well. It can be argued he was interfering with child custody. Halle screwed herself and Gabe could get this kid, he has more than enough proof now she wants him GONE.

609 days ago
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