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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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46.

GothamGirl    

And, if Halle did spend $3 million dollars, then she's a fool. They're not going to change the laws for her, as I'm sure her lawyers told her.

659 days ago
47.

jen    

he should do this to halle face and see how she likes it....it was totally instigated and the little guy is an ex-boxer for crying out loud, what did they think was going to happen, the boyfriend should be prosecuted and the kid given to her dad..HB is a _ u n t..and this is exactly what she wanted because the judge said she can;t move to france....B_ _ _ H.

659 days ago
48.

Beautifulone    

Wow! HATERS R IN THE HOUSE. It's ok for this trash ass white man to be vindictive but when the **** BACKFIRE, he is the innocent one. Oh these ignorant as women on here trashing this woman. He got exactly what he deserve. LOL. More violent temper, physical, mental, emotionally abusive men need a good ass kicking like this. I applaud Oliver, **** beat his ass on back to Canada

659 days ago
49.

saf    

Halle called 911 and said her boyfriend was being attaced. Umm Halle have you seen the father of your child's face lately? I think Olivier took the fight too far and ruined your plan. Not so believable now with Gabes face all mashed up.

659 days ago
50.

LittleBIt    

This picture just made my day!!! Way to go Olivier! This guys had this beatdown coming for a long time. LOL

659 days ago
51.

LADrive    

Hey TMZ! Your graphics slow down my 10-yr old computer. Stop with the fancy pants song and dance crap. We get it. You're a WHORE to celebrity news. YAAAAWWWWNNN!!!. Plus I can't edit my previous comments. Who works for TMZ? Some drop out computer whizz?

Anyway, I wanted to EDIT my previous comment to correctly spell VICIOUS in regards to this horrible story. We all know that Halle Berry is a screamer. And she has motivated her thug boyfriend to attack Aubry.

The only one who is sufferring is the little girl. She is FULLY aware of the hatred and now violence that is going on around her. I remember when my father slapped my mother across the face hard enough to knock her off her feet. I was 4 years old. I'm now 50 and can clearly remember this violence as clear as day.

The court needs to step in and regulate the father and mother relationship to this little girl. Aubry loves his daughter and should not have to suffer injuries to be with her. Halle Berry needs to know that her daughter is a very special child that will need both parents and not some celebrity child-rearing mistake. Who knows? This little girl may grow up to be a super-star herself. I'm on her side. TMZ, my 10-year old 'puter almost made it to the end..........aaaahhh.......I.......can't........handle........the ..........graphics............I'm .........dying...........O.K. maybe not.

659 days ago
52.

marlen    

what a disgusting low life can Halle be ?
trying to keep him away from his daughter as if he would ever hurt her ...
Halle should be banned from hollywood and I hope the judge sees her for the filthy s*** that she is .

659 days ago
53.

JFO    

This whole situation is a joke - you had a child with this idiot and now you want to move to another country with your new man and cut out the father of your child. Fat chance. If he was good enough to impregnate you, live with it, Halle! I'm not fan of Aubry's but unless she can prove he's an unfit father (and she tried that one and it didn't work) she's SOL. Some choices you make in life you just have to live with. You have a beautiful daughter that you wouldn't have had otherwise and this three ring circus you've got going isn't winning you any votes so why can't you just stop?

659 days ago
54.

angie    

This upset me sooo much! He was totally set up by Halle and it's wrong of her to do this to her daughter and him. It makes me sick that she thinks she can do this and get away with setting him up just so she can move to France! This is just aweful and discusting on her part. I hate her even more now and I really hope the judge sees right through her ugly soul. Who would.could do this to someone the once loved and choose to have a child with??? He was set up! Where are the cameras, just so happened not to be filming??? What about all her security, they were on break??? This is sickning and I hope her gets that poor baby away from her crazy ass!

659 days ago
55.

Readerofthisgarbage    

How did Ollie know halle was calling the police? That's right it was all planned out

659 days ago
56.

Readerofthisgarbage    

Just wait until nahla gets a look at her daddy's face

659 days ago
57.

bb    

I had a terrible feeling about this Martinez as soon as Halle hooked up with him. I remember him from when he dated Kylie Minogue (and that's all I really remembered him from since I've seen this "actor" in all of two things). Not only did he blindside her soon after her breast cancer diagnosis, there are photos of him screaming at her during her chemo. Even before she got sick I remember him saying some weird things about her that stood out for me at the time as being very, very controlling. He sure seems like the right match for the kind of gal who would do a hit and run and try to kill her ex's dog. I think Halle wanted to get away from Gabriel as ASAP after the kid and go straight back to her usual fist happy type of man. It won't last, but Halle and Ollie belong together like piss and poop.

659 days ago
58.

Readerofthisgarbage    

Send Ollie back to France he's not working here, both their careers are now washed up and what little money Ollie has will now go to Abrey

659 days ago
59.

Firefly    

Isn't there an Angel named Gabriel? Good against evil? Just kidding!

If someone is in fact an expert fighter who causes serious bodily injury with his bare hands, that person could be charged, tried, and convicted of aggravated assault, even though he did not use a deadly weapon. I hope that Oliver realizes when the cops take him away that he can't just go around terrorizing people and getting what he wants with force. I also hope Halle realizes that this is not the type of guy you want hanging around your little girl. But Halle seems to have a few screws lose and will put her child in danger just to get her own needs met. Gabriel seems to have the childs best interest in mind and would do good by raising her and letting Halle have supervised visitations.

659 days ago
60.

Spider    

Considering that Halle's main argument in favor of moving to France was safety, it seems unlikely that there weren't multiple security cameras positioned around her house, so as to leave no angle un-filmed. On another note, what is Nahla going to say several years from now when she spots her Daddy's face on the internet, beaten to a pulp by Mommy's boyfriend? Why don't these alienator's THINK about the long term repercussions before continued attempts at alienation?

659 days ago
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