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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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121.

Jorge    

Why does everyone keep saying Halle is a black woman and everyone is a racist towards her? Her mother is white. That's where she gets the delicate features. Her skin isn't black it's tan. HB is part black and Nahla is maybe 1/4. To say that Halle is black is saying that her mother doesn't exist. No one is against her cause she's part black. They're against her because she is an evil b.tch.

605 days ago
122.

jak    

Aren't there surveillance cameras hanging from every angle at Berry's house that would show who did what to whom when?

605 days ago
123.

Beth    

Halle Berry needs to have her daughter taken away from her and maybe she'll learn how to act like an adult and be amicable with her baby's Daddy. This is ridiculous. I'm sure Halle has a camera outside her home, let see the video.

605 days ago
124.

dahlia    

I don't believe that Martinez character any more than I believe I can throw him. It is beyond obvious that this was a well-planned set up. Too bad (for Halle and Olivier) that they didn't plan their cover story nearly so well, because the holes and inconsistencies are obvious.

I hope the DA throws the book at Berry and Martinez. They deserve nothing less.

605 days ago
125.

irishjess    

I won't be watching any of Halle Berry's movies as I find her morally bankrupt. Halle Berry= BOX OFFICE POISON just ask Tom Hanks(Cloud Atlas)...

605 days ago
126.

rumsrite     

Hope it goes good for him

605 days ago
127.

JOE    

It was not self defense..... There were at least 4 blows struck by Ollie...

He damaged both eyes, rib and banged his head on the pavement. Of course there were more. Self defense is to allow enough aggression to subude the other person.

Ollie should be arrested. Plus Ollie always wears a pinkie ring on his right hand. That caused the cut under 1 eye..

This was a brutal attack.

No one answers where the security tape is? Halle either turned it in or erased it.

That could be obstruction of justice during a police investigation

ARREST THAT HO TOO!

605 days ago
128.

Lynn Martz    

Exactly. Children are not possessions. They are gifts and teachers. YES, teachers as my children teach me something new everyday. But that's another talk show.I have a child from another man. And my husband and him get along GREAT. Why, because I introduced my ex to my husband as a friend. This helped to create the huge & loving family that we have.Furthermore, my ex is also married with children. Her and I get along like sisters. I also have children with my husband. We have 6 children between us (3 each). Their children are my children and our children are theirs.Take a lesson Halley and all the rest of the fighting ex's out in the world because that is how it is done.

605 days ago
129.

eivissa    

I found it hard to believe that Aubry was the type to NOT work.
My gut told me he was working.

I googled it.

I was right.

He is actually as of 2012, the HIGHEST number one $$$ making male model.

I am happy those that bash him are wrong.

605 days ago
130.

Rosabella    

Funny how this all happened what one or two weeks after Halle's motion to move was denied. Seems like a set up.

605 days ago
131.

JOE    

This was not SELF DEFENSE. Look at Aubrey's face. It was a brutal attack and they should arrest that frog Oliver

605 days ago
132.

kate    

Halle B needs some serious psychiatric help....

605 days ago
133.

DiM    

I guess we will find out if this will be another case of celeb justice if Halle and her thug are not charged with obstruction for destroying tapes. The fact that the victim was pleading to get the tapes says everything. I don't get why people are ragging on the victim here cause he went through the normal process with the courts rather than spent the weekend sending stories to TMZ and Radar. I don't think he cares what anyone thinks of him any longer. He just wants to be a father.

605 days ago
134.

MrsTimberlake    

I pray to god the judge can see through Halle and her loser boyfriend. The truth is coming out. Surely the judge sees that Nahla living with a man that beat her father up cannot be healthy. Parental alienation has got to be a crime. You had balls to do this so obviously Halle and O. The public has spoken. Good luck Gabe. I hope to read a positive update soon.

605 days ago
135.

remeysgurl    

hlle needs her mind examined and they need to send her fiance back to france . i think gabe needs his baby since he has to stay away if i was gabe id file to keep himaway from his baby also

605 days ago
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