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Gabriel Aubry

Rushes to Court

I Want My Daughter Back!

11/27/2012 5:30 AM PST BY TMZ STAFF
EXCLUSIVE

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Gabriel Aubry is rushing to family court today ... asking a judge to lift the order prohibiting him from seeing his daughter in the wake of the Thanksgiving day beatdown ... TMZ has learned.

TMZ broke the story ... after Gabriel was arrested for battery ... a judge issued an emergency protective order blocking Gabriel from coming within 100 yards of Halle Berry, Nahla and Olivier Martinez.

We're told Gabriel's lawyers will argue Olivier instigated the fight, beating the model to a pulp in Halle's motor court and even repeatedly slamming his head on the concrete.

We're told Halle's lawyers will be in court this morning to oppose Gabriel's motion ... and Halle may show. 

Gabriel obtained a restraining order Monday against Olivier.

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413 COMMENTS

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1.

NOT ELMO    

This guy needs to learn how to Fight...

643 days ago
2.

Deelight    

Come on guys.... never stick yer D!@$ in crazy..

643 days ago
3.

jen    

I hope he gets her back too! This is so wrong!

643 days ago
4.

Reg    

I do not see this entire episode ending well at all.

643 days ago
5.

DiM    

TMZ is STILL not clarifying that it was a CITIZEN'S arrest....not by police. Really??

643 days ago
6.

JLS    

Oliver could have stopped before he did this much damage. My God, Gabriel could be blind or have his eyesight damaged. It's very clear this is all a set up in order to get the judge to allow them to move to France after all. It was just last week the judge said no. Halle is simply awful. She set this up.

643 days ago
7.

ray    

Very very sad, Halle should be mediating between these 2 instead of inciting violence. Proves the theory of her simply using her celebrity/money to bully this guy. Aubry should file civil suit against her and the moron that had no business in the middle of this. Nobody knows really what took place, but if the 2 were so woefully mismatched in a fist fight, Martinez would have been the better man to simply restrain the guy until authorities arrived instead of exploiting the opportunity to beat the father of Halle's child to a pulp on her own property. Just disgusting. This woman is poison, truly.

643 days ago
8.

BW    

Good luck Gabriel and Nahla. With Shawn Holley fighting for Gabriel, I feel a little more confident that somebody might get through to Halle that she is taking this way too far, and hopefully she will be told to back off, by the Court. Or else.

643 days ago
9.

LK    

AND THE JUDGE SHD GIVE HIM FULL CUSTODY & HAVE HALLE GET SOME KIND OF PYSHIC EXAM 2 MAKE SHE SHE IS SANE ENOUGH 2 B ALONE WITH HER DAUGHTER SCHEDULED VISITATIONS UNTIL HALLE IS BETTER IN HER HEAD NYLAH DOESN'T NEED 2 GROW UP & TURN OUT EVEN WORSE THAN HER MOTHER

643 days ago
10.

justus    

I sure hope Gabriel has a damn good lawyer. It is obvious that this was instigated by Ms. Berry and her french lover. As crazy as her ass is, Berry is lucky Gab loves his daughter enough to go through what he does just to be in her life. This is probably the reason her own father wasn't in her life growing up. Bet mom was a bitch too. Gab, when u start getting false criminals charges against you...its not worth it.

643 days ago
11.

pix    

I am wondering if Oliver can be charged with using deadly force, since he is trained as a boxer?

This sounds like a set up against Gabriel. The story also does not make sense that Gabriel did not say anything to the police since TMZ also reported he was knocked out. In what world could he make a statement after be knocked out?

643 days ago
12.

Crazytown    

Halle Berry is always the victim & manipulates the truth. She is estranged from her sister who denies that their father was as abusive as she claims and has cut off her siblings completely (brother & sister). Halle hit some lady & fled the accident scene. She called Howie Mandell out on Regis (http://www.youtube.com/watch?v=I6ADblBdkGQ) because she has to control everything & everyone! She "won't name" her abuser who hit her in the ear causing 80% of her loss of hearing (this is total b.s. because if she named someone he'd file a slander suit).

She is a master maniuplator re abuse & being a victim. We all have to feel sorry for Halle (gak). Halle & Olivier set up Gabriel Aubry. Look at the wounds to Olivier (fist bruise due to hitting bone -- breaking Gabriel's ribs & two black eyes & lip). Olivier is a trained Boxer and legally his hands are considered lethal weapons. Olivier may be held to a different standard if this is the case. I feel bad for Gabriel -- he just wants to be with his daughter & Halle won't let that happen.

643 days ago
13.

Shiela    

Wow I really hate to think about what would have happened if this went to far. HB is hell bent to take GB out of the equation. What if GB died when his head was smashed to the concrete floor? How would HB explain that incident??? Play the victim and say that she feared both men? I personally think that for once in her life HB was told a firm "NO" to what she wanted and she is reacting like a spoiled child. She likes acting like a victim but she is forgetting that her kid is the victim. Not her, not GB nor Martinez.

643 days ago
14.

LK    

KARMA IS COMING 4 U HALLE !!! LOL !

643 days ago
15.

Sharon    

Since Gabriel Aubrey's livelihood depends on his appearance, does he have any recourse against Olivier Martinez for his injuries and loss of income? It looks like it will take a considerable amount of time for his injuries to heal. As a professional boxer, Martinez certainly knew how to inflict the most serious damage. He is also the one who made the "arrest". Given the likelihood that Aubrey was set up in this situation, hoping the courts will see through the ruse.

643 days ago
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