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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

No Avatar
91.

RR    

Don't just ask for the security tapes from that day! ASK FOR THEM FOR THE ENTIRE MONTH! Let's SEE how long those cameras have been repositioned.

610 days ago
92.

Jorge    

This was not a fight. It was clearly a vicious attack on Gabriel. Just the fact that the surveillance cameras were conveniently repositioned before this went down? Any person with half a brain could see that this was all premeditated by Halle and Olivier.

610 days ago
93.

Jen    

I now feel about Halle Berry the same way I feel about Tom Cruise. I just can't look past their craziness to enjoy their acting.

610 days ago
94.

Chronasseur.    

Hopefully, the judge will take the child out of Ms Berry's hands. A good mother would never put her child in that position - would not allowed their child witness the violence Mr. Froggie unleashed on the child's father.
So you ran your mouth too long, Ms BERRY, DIGGING AND INFLAMING, STIRRING THE POT, SO TO SPEAK....
Do you feel better now. Halle?? How sophmoric spiteful and childish you are - all for the Drama.
Grow up before you bring another life into the world.

/

610 days ago
95.

vickyd0912    

Ok so this guy gets beated to a pulp, we have seen pictures of the guy who did it who has nothing but a swollen hand? The judge is messed up! Screw Halle!

610 days ago
96.

fuddyduddy    

I hope the judge comes down on Halle. Gabriel needs to have full custody and Halle needs to pay him as much child support that can be awarded. If this is what we see from photos, can you imagine what kind of conversations are going on behind closed doors about Gabriel? I can only imagine the terrible things Halle and Olivier are saying about Gabriel. Get that little girl out of there! I have no respect for Halle anymore. I used to be a fan, but no more.

610 days ago
97.

Slim Whitman    

Wack Job Berri and her boxer Gigalo Ollie deserve one another. If these jokers are able to get away with this travesty of justice then what's next? Would they hire a Hit man? What's another million spent by Berrie in order to get rid of Gabe?

610 days ago
98.

c    

Does anybody really believe this piece of ****? His story is just so outrageous. They’ve done a hand-off of the kid so many times and now Olivier decides to beat him up? Especially since 3 million is nothing to them. I’m sure Gabriel was just pissed he had to give his kid to Olivier. Besides, there’s only one person in all this who has a history of violence and it ain’t Halle or Olivier.

610 days ago
99.

Mrguy    

This camera thing has me thinking that Gab thought he was covered knowing there were cameras. Judges are starting to get keen to the shena****ns that deceitful tactics people use to gain court favor.

610 days ago
100.

c    

Wow from the comments most of the people on this sight are women-hating *******s. Sad since whoever started it Halle wasn't even involved. Fortunately the judge seems to have a brain unlike most commenters here which is why he granted a restraining order. I hope he makes it permanent before it's little Nahla that pisses off Aubry next time and she's the one who gets the beatdown.

610 days ago
101.

Lee    

Gabe is a control freak and a bully. He should have supervised visits only.

610 days ago
102.

andre`    

I know Gabriel through a mutual friend and he can definitely be a hot head. He really has anger issues and his temper is bad. So with that said, I really don't know what to believe. In any case, Gabriel should not put his hands on anyone. He was asking for a beat down which he got. He deserved it. Second, they all need to come to some resolution for Nahla sake. Try to work things out and repair any damage.

610 days ago
103.

Vesna    

Her plan backfired ha ha ha ha

610 days ago
104.

Susie    

None of these adults are being the mature enough for this child. They need to open there eyes and see the trauma they are causing this child. What is the point of the constant bickering that will get them nowhere. Just a hurt traumatized child will come out of this. Seriously, they need to give there head a shake, grow up, and move on. uch childish

610 days ago
105.

DV    

It appears that all these custody issues surrounding Nahla began when Olivier entered the picture and Halle seems more than willing to conspire with him to keep Gabriel from having a relationship with his daughter. Also, Olivier clearly has anger issues and should not be permitted anywhere near Nahla. Hopefully when the judge sees Gabriel's injuries vs. Olivier's (he has none!) he'll see exactly where the real problems lie.

610 days ago
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