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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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61.

Sandy    

I hope he gets her back and they put a restraining order for Oliver to stay away from Halley daughter

592 days ago
62.

Grandma of Four    

Have not got a clue what happened here. However the repositioning of the camera is suspicious at best!!! The condition of Gabriel's head and face while his hands are not damaged appears to tell a picture of rage on Martinez side. Personally, I am leaning to a set up by both Halle and Martinez but will wait to see what the court says. Also, was Gabriel arrested by the police or were they acting on a citizen's arrest...which, BTW, seems just a little too convenient! And, the rushing to the court by Halle for the temporary restraining order is just too timely. HUMMMM???!!! Something is definitely not right. And, I was surprised Halle was out and about on Friday with her daughter plus Martinez being out and about as well like nothing happened. I am amazed CPS has not stepped in and taken some steps to protect the little girl against this mess.

592 days ago
63.

Genjerleigh    

I hope Halle loses primary custody of their daughter. She and her fiance are clearly too much of a train wreck to be parents.

592 days ago
64.

MDG    

halle needs to stop being a ****, and quit fighting to keep this guy from seeing his daughter. What a bitch. a few years ago he was ok to spread your whore legs for, now you fight to keep him from seeing his child. get a life ****.

592 days ago
65.

Me    

Although I am on Team Gabriel, somehow I do doubt the courts will give him his daughter back. But I am glad he did get a restraining order against Ollie, and hope they can secure the security footage of the fight.

Halle probably promised Ollie she would have sex with him if Ollie can help her keep Gabriel from their daughter.

592 days ago
66.

bigmelmac    

Oh Lord, please save this beautiful white American man from the hands of this beastly (half) black woman on behalf of all the blinded TMZ commenters. Don't you see how milky his skin is and how blue his eyes are? How dare he father a child with such a lowly person and not be able to use it as his permanent meal-ticket! Also Lord, please teach our Angel Gabriel how to fight. Amen

592 days ago
67.

Firefly    

Halle doesn't seem the type that would climb a ladder and reposition the security cameras but Oliver does. In fact it sounds like it could of been Olivers plan in the first place. Halle seems like the scattered brain that would say whatever you thinks best Oliver if you think it will win Nahla away from Gabriel. Little did she know Oliver would take it this far and put her own parenting into question. I'd sure like to be a fly on Halle's wall right now. I'm sure she is going psycho on Oliver as we speak. "Look what you have done you sh!t, you have put my having Nahla in jeopardy. I hate you." That is when Oliver gives her a right jab straight to the mouth. Oliver gets arrested and charged with double counts of aggravated assault, Halle just gets visitation of Nahla and Gabriel wins custody. Case closed.

592 days ago
68.

Penny    

Just a preview of what may be to come to Halle or her daughter if they ever piss this man off, huh! You don't bring a man to live in your house with your small children, especially when you are not married. It never goes well

592 days ago
69.

Tommy    

Hey Gabriel -- Take that nasty Bitch Down and send that French Frog home... The USA is behind you my friend.....

592 days ago
70.

Amber    

This has gone WAY too far... He deserves that child, Halle is a crazed psycho.

592 days ago
71.

smileandshine    

Horrible to see adults fight over children, and they seem to avoid of seeing what the child really wants in their own life. Parents are always important to a kid of being in their life. Why not start him on supervised visits if they are that worried? He obviously loves his daughter why stop that?

592 days ago
72.

Seldombinlaid    

Imagine Halles face looking like that, and eventually this Olivier, or however you spell it will get around to it, but will probably kill her. I'm not a woman beater, but from what I understand from guys who left her, she makes a person want to hit her. This Olivier won't hit the brakes like most of us do when we're angered, he'' just beat her to death. That is one stupid woman, and the new guy, not much to look at.

592 days ago
73.

helen2202    

That's what he get.he should stop bothing her and let her live her live.I bet u he wouldn't go over there picking with her again lol

592 days ago
74.

cat    

I really can't believe I am going to say this but I am on the dads's side. I was on Halle's side till I saw the pictures! You have to be kidding me talk about excessive. He really beat the crap out of him. I have boxing experience and in my opinion this is not self defense this seems like a sustained beating

592 days ago
75.

Mrguy    

Guys, NEVER EVER pick up a child at the Ex's place with out a witness of your own. It is your word against hers and the court tends to side with the mother. This Oliver probably pushed and instigated because Gab was on their turf. Seriously does it make sense for Gab to get in a fight knowing full well what he could lose? This reeks of setup, and Halle is no angel.

592 days ago
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