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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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31.

LADrive    

Martinez should be arrested for mayhem. Aubry was a victim of viscous attack.

594 days ago
32.

Juma    

So we have one man who's been beaten to smithereens but with NO injuries to his hands, and we have another man who has no injuries EXCEPT on his hands? HMMMMMMMMMMMMMM. Aubry should get custody of Nahla. Martinez is the dangerous one.

594 days ago
33.

lanie    

This story is absolutely horrible.. His face is a mess -- Olivier clearly has some rage built up in him to do that much damage... Seems like excessive force was used against Mr Aubry...

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The injuries to his hands likely came from pummeling away at Gabriel's body and face...

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I hope cops arrested the correct person, but it doesn't seem like that is the case..

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If they set Gabriel, then I hope when karma hits them --- it hits them HARD...

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They've been screwing with this man's head for way too long.. Trying to rip his child away from him...

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Now another humiliation --- having to take a mugshot looking like that?... it is awful....

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I hope the courts don't let Halle get away with this...

594 days ago
34.

Juma    

So we have one man who's been beaten to smithereens but with NO injuries to his hands, and we have another man who has no injuries EXCEPT on his hands? HMMMMMMMMMMMMMM. Aubry should get custody of Nahla. Martinez is the dangerous one.

594 days ago
35.

Deborah    

I will say this again. Have u seen pics of Gab and Nahla? Very attached to her Daddy, with Halle she looks like she's scrowling or upset. I just feel like Halle is jealous of Nahla's love for her daddy and is pulling out the **** to get her way. Hope Gariel wins FULL custody of that beautiful baby. If I was the judge Halle would be the one to get visitation. I used to b a fan of Oliver and Halle not anymore.

594 days ago
36.

texaschickeee    

Halle has set this mess up. She is the true psycho. The fact is the restraining order should be between the two guys. The child was NEVER in any danger, but Ms. Drama psycho B made it out. Further showing any thing to use that child as a pawn in her life. She is pissed that she was told she could not leave the USA with her. The court is right the FATHER has a right to his child. Halle needs to stop HER drama and bullsh-t.

594 days ago
37.

Shaunie    

Gabe doesn't care about that little girl. He needs her to keep a check coming in. Gabe you can't win

594 days ago
38.

DeAnna    

Halle needs to kick Oliver to the curb or give up custody. There is no way Oliver should be anywhere near that child!

594 days ago
39.

Firefly    

How convenient that the security camera was repositioned. Martinez changed the position so that he could get away with what he had planned. What he didn't realize is that if a camera is always positioned on the driveway up until this altercation, then he will be the one that looks bad in the long run. It just shows he intended to do some bodily harm to Gabriel. Hissing about the loss of 3 million dollars tells you right there that this was a revengeful assault. Not being able to take Halle and Nahla to France, losing money on court costs, losing in court to cut Gabriel out of the picture adds up to a great big guilty on Martinez's fault.

594 days ago
40.

Shaunie    

Gabe is a liar! If your head was bashed in concrete it would still be there

594 days ago
41.

STFUP    

Nahla needs to be taken away from both of them & put in foster care. Then Gabriel, Oliver & Halle all need to be spanked and put in a time-out for about a year.

594 days ago
42.

Phishie from Philly    

Come on! Halle's man beat him more than he needed too. This was intimidation, revenge and frustration here. I hope they arrest Olivier because he deserves it.
..
Phishie from Philly

594 days ago
43.

FLO    

He should get a TRO to keep the violent Olliver Martinez away from Nahla,

594 days ago
44.

kre    

I'm tired of TMZ bias reporting, Olivers Billions must have went a long way....why arent they reporting on the real story? Why dont they report that Oliver threatened to kill Gabriel and the security cameras were repositioned? NY Daily News has a recount from Gabriel and it sounds a lot more believable! You can see from his injuries that he was the victim!!!! I hope Gabriel gets custody Halle and Oliver are crazy!!!!

http://www.nydailynews.com/entertainment/gossip/halle-busted-victim-article-1.1208377

594 days ago
45.

GothamGirl    

As BW said earlier, read the article in the NY Daily news, it gives a detailed account of the incident. After reading it, I cannot understand why Martinez wasn't arrested for assault and battery.

594 days ago
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