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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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76.

StarryStarryNight    

too bad that's not a picture of hellberry.

641 days ago
77.

themare    

Halle won't stop until Gabe is dead.

641 days ago
78.

Michelle    

I need to find a good "Boycott Halle" website. This woman needs to go down. First hit and run, now this? To say that they are bullies is a complete understatement. I hope Mr. Aubry gets full custody of his daughter. Shame on her, and her trained fighter boyfriend.

641 days ago
79.

happypat35    

Good luck Gabe, you will get her back and probably temporary, if not permanent full custody, too.

641 days ago
80.

Michelle    

Halle has destroyed her reputation on both professional and personal levels. This WAS a set-up and hopefully the judge will see through her psycho manipulative ways. Hope she gets no more scripts for films or commercials. As a woman, and I rarely say this, she is a BIT€H and will get what is coming to her. It's called KARMA and it gets you every time!

641 days ago
81.

Mrguy    

So, what is the best way for a woman to gain SOLE custody? Prove to the court that the father is violent. My Ex tried this tactic, except I didn't EVER get my child with out a camera present or with a witness to the pickup or drop off...EVER. She tried like hell to get me to pick up our 4 year old on her turf, alone. I didn't let that happen and she had nothing. I had intercepted an email stating she wanted an order for protection so I knew what she was up to. Not all guys are bad fathers, and not all women are the better parent either. I think courts are starting to see that.

641 days ago
82.

Darlene    

How very sad that as parents these 2 cannot maintain a civil relationship. The new boyfriend should not be involved. We don't know what is really going on or who is a fault, however, if history is any indication, Halle does not have a good track record, always plays the victim in her personal life, could Halle have a problem?

641 days ago
83.

pandora    

I feel bad because this child is being used as a pawn in a bitter war between two people who once loved eachother but I'm sure now they cant even remember a time when they did.

641 days ago
84.

Paul Miller    

OK, given euro trashy needs anger management counseling, preferably after being convicted of a violent felony. I saw berry on tv last night. It's pathetic way she now exclaims 'hey there is a 4 year old child here'. Using ones child as a shield against hanging out with euro trash criminals seems to be quite low.

641 days ago
85.

jen    

this pig of a women is no mother...she is disgusting to have her BOXER boyfriend beat up her childs father is just disjusting...she and her boxer BF should be charged with attempted murder....all because she LOST in court...she's probly going to try to run him over with her car next....oh, wait, she has already done that to a innocent person

641 days ago
86.

Lisa    

I have no more respects for Halle Berry. In my opinion it was all planned because I bet she was pissed that the judge refused to let her move to France and that she has to share custody. By having violence involved, Gabriel will most likely lose his rights....what a shame!

641 days ago
87.

Genug    

This guy is really a bit - he is loving the tabloid reality tv show - I hope they see right through him

641 days ago
88.

victory    

Should have just dropped off Nalia and kept your jealous mouth shut. And good luck trying to prove, Olivier said he wanted to kill you. Most likely has been tormenting Halley for years, didn't expect Martinez had it in him to beat the holy crap out of him. Aubrey will never get that child away from her mother, Sap.

641 days ago
89.

Mrguy    

After losing an emergency relief hearing, my ex and ex-in law egged mine and my mother's car at home. Ours were the only cars egged and they were parked right behind us at the house for Halloween with our daughter. Divorce really brings out the worst in people. I hope the daughter will be okay. I worry about alienation of affection, which is illegal here in FL. My ex was doing this and I had to have my 3 year old in counseling for it. But the good news is, she is now almost 10 and happy. I just ignore the nonsense and let my child be a child.

641 days ago
90.

ROTTIE    

There are a lot of people on here siding for Gabriel Aubry because of his race . . .

and demonizing Halle and Oliver.

Gabriel Aubry is clearly making an appeal to public emotion - for sympathy - wanting to be perceived as the victim.

He is NOT the victimized bag of smashed potatoes he is wanting the public to believe that he is - a trail of his aggression issues exists and even his “racial slurs” towards Halle.

Gabriel Aubry’s side of the story sounds LUDICROUS period. He didn’t need to get a restraining order against Oliver - Oliver Martinez ain’t after his ass (he won the fight) - if he was, he could have beat Gabriel Aubry’s ass up a long time ago. Gabriel Aubry more likely started this sht and Oliver Martinez ended it.

It’s more likely that Gabriel Aubry had been talking sht all along (continuously messing with Oliver and Halle getting on their nerves), and didn’t know what he was running up on when he ran up on Oliver.

Of COURSE Gabriel Aubry wants custody of his daughter - there is a looming risk of him losing the big payout [considering the fight and the arrest] that he is receiving from Halle monthly. This guy wants his daughter to disown part of who she is [the African American part]. He keeps picking with all three of them because Halle is Halle and she’s rich.

641 days ago
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