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Gabriel Aubry

Strikes Out in Family Court

11/27/2012 2:02 PM PST BY TMZ STAFF
EXCLUSIVE

1123_gabriel_nala_halle_getty_tmz
Gabriel Aubry took another lump in his war with Halle Berry today ... a judge just rejected his bid to have the restraining order removed ... which means he still can't visit with his daughter Nahla.

Gabriel had gone back to court today to ask the judge to lift the emergency restraining order that was issued against him on the day he got beat up by Halle's fiance Olivier Martinez.

Initially, the restraining order was supposed to stay in place until Dec. 3 ... but today, the judge acknowledged there was a clerical error ... and the order can only stay in effect until Thursday Nov. 29.

The order prohibits Gabriel from going within 100 yards of Nahla, Olivier or Halle. 

Gabriel wanted the order to end TODAY -- but the judge shut him down.

Now, Halle and Olivier will have to go to court by Thursday if they want to keep Gabriel away from them and Nahla.

343 COMMENTS

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1.

Snyderwife    

According to Radaronline.com, the order was listed and he could resume his visitation with "unspecified provisions" in place.

640 days ago
2.

TheBestHeEverHad    

I read some of the comments on other post

640 days ago
3.

jados1975    

Getting tired of hearing this all three should come an agreement for the sake of the child... so sad...

640 days ago
4.

Genjerleigh    

I don't think its such a big strike out - he only has to wait a few days. That's probably why the judge denied it to immediately end.

640 days ago
5.

TheBestHeEverHad    

My comment was cut. Why turn off cameras at your home if you fear for your safety and have a stalker?

640 days ago
6.

Leese    

This sucks, I hope Halle is proud of herself for once again getting involved w/ another violent *******, not only that but also endangering the life of her child! I am so very disappointed with her, she's clearly stupid when it comes to men & in my opinion, only used Gabriel as a sperm donor & never really loved him, otherwise she wouldnt' be being such an ******* to him....However, I do think Gabe needs to get his temper the eff under control & try to be the bigger person here.....I hope it all works out for him in the end, this is such a tragic situation, nobody is going to come out a winner, least of all poor Nahla

640 days ago
7.

Demi    

Is TMZ sure? Other outlets say otherwise... Halle Breey and her cash again, huh?

640 days ago
8.

bob     

Well, let's hope that Gabriel is able to get his visitation rights back...he seems to be a very good who truly loves Nahla. Heck, they shouldn't have been removed in the first place. I don't believe he started the "brawl" at Berry's house. I'd be willing to bet that Berry and Martinez planned the whole thing. Berry is angry because the judge ruled that she couldn't move to France with Nahla, so they wanted to make Gabriel look bad. I read elsewhere that Gabriel wants a restraining order to keep Martinez away from Nahla...that's good.

640 days ago
9.

Bri    

The war is not over it will be ugly and bad LOL

640 days ago
10.

Laura    

Why can't Halle and Gabriel find a way to work it out, for the sake of the child? This Olivier guy has zero parental rights. I understand they are mad they can't move to France, but too bad. In all divorces, most parents can't even move their children to another state without parental consent from the other parent. Why would they think a father who loves his child wouldn't fight to keep them in the United States? Olivier needs to stay out of this---his opinion doesn't count when it comes to the child. And all 3 of them need to grow up and put the child first. Or the State of California will have to step in.

640 days ago
11.

Joann    

TMZ, you are wording that as if you have an agenda against Gabriel. The judge simply said he needs two more days to review all the evidence. That's not "shutting him down".

640 days ago
12.

fuddyduddy    

I think the only reason the judge left the order in place was for two reasons -- it's only for two more days, and it also gives the parties some cooling off time. I'm glad that it's only for two more days. That's reasonable.

640 days ago
13.

Scanner    

TMZ is the only site (out of many) stating that GA lost his bid to regain visitation with his daughter, Nahla.

640 days ago
14.

Demi    

She should not insist on this treachery, it is looking foul for her. People are getting really fed up with her antics and a Hollywood actress needs to keep her " following " . She is the one losing everyday. Respect and carreer wise.

640 days ago
15.

Sincerity    

It makes "PERFECT SENSE" to me. A criminal investigation is ongoing and Gabriel Aubry is considered the one who "COMMITTED A CRIME". He "SHOULD NOT" be allowed to drag an "innocent child" into his personal "issues" until tempers have cooled and the relevant facts have been sorted out. Furthermore, he looks entirely too "DISFIGURED" and will only frighten the poor child. It's about time for his "WHINING AZZ" to consider what's actually best for his daughter. If he would have used his "COMMON SENSE", none of this would have happened!!!

640 days ago
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