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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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31.

Sincerity    

courtney
1
0

Did you possibly consider the mother should have been there to get the daughter? And that the man who followed the other to his car and did the attacking should be the one to control his actions? The other man is not grown? No matter what way your ridiculous brain spins it, Martinez should not have been in the driveway unless he was going to confront Aubry which he had no right to do...This man should not have to be harassed when dropping his daughter off. Maybe you should possibly consider not being so stupid.
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LET'S GET REAL, FOOL!!! OLIVIER MARTINEZ WAS A WELCOMED GUEST IN MS. BERRY'S HOUSEHOLD THAT GABRIEL AUBRY "WASN'T OBLIGATED" TO ENGAGE IN "ANY" FORM OR FASHION. HE SHOULD HAVE SIMPLY GOTTEN IN IN CAR AND LEFT, PERIOD!!! THAT'S WHAT SOMEONE WHO ACTUALLY POSSESSES "COMMON SENSE" WOULD HAVE DONE UNLESS HE WAS "MENTALLY IMPAIRED" BEFORE HE ARRIVED WITH NAHLA!!! THINK ABOUT IT!!!

507 days ago
32.

lily    

wait so who's right???? radaronline+ perez or tmz??? it seems like halle's feeding tmz info and gabriel's been using radaronline as his source.... anyone know?

507 days ago
33.

YouDontSay    

I read it was reinstated that he could see his daughter and Halle had the tape destroyed. What is the truth?

507 days ago
34.

grandmacc    

If they are worried about violence in front of the child, I would say from the looks of it, that OLIVIER is the one to be worried about, if he can do that much damage to another person. He should not be around a child that is not his own, if he can do that !

507 days ago
35.

nonyabiz    

I think the rel question here is why is Sincerity so effung stupid. Or should I say "WHY" is Sincerity so damn "STUPID"?!?!?

507 days ago
36.

danajane    

I think there should be a restraining order permanently against Gabe because he started the altercations and not having the child safe or if not a restraining. Order then have him have supervision visitations untill things get better becuz they need to come to a resolution for the child sake. God bless

507 days ago
37.

ldylkng    

Halle & Olivier def planned this. I feel so sorry for Nahla & Gabe. Hope the judge & cps sees thru her acting.

507 days ago
38.

itsme    

Just saw that judge has allowed Gabe to resume visitation with Nahla!

507 days ago
39.

Blue    

I don't get Berry. If she wanted a child all to herself, and to be a single parent, then why didn't she just go down to the local sperm bank and save us all the trouble of reading this nonsense. Her poor daughter, She is the looser in all this.

507 days ago
40.

Zoe    

Radaronline reports "UPDATE: A judge has ruled that Gabriel Aubry will be allowed to resume visitation with Nahla, with unspecified precautions in place to protect her safety. Story developing…"
How come TMZ's reporting is so slanted? Is it because Harvey Levin is Halle's neighbour? What's the matter Harvey? Afraid of brining Halle's craziness down on your head if TMZ gives an unbiased report? Shame on TMZ, I say.

507 days ago
41.

Majestik    

TMZ is going to wait until the comments fizzle out on this thread to either start another or finally do an update on this one, just watch.

507 days ago
42.

Gistheword    

How much is this trick paying you?! Radar already put out the ruling. Stop swinging on Halle's nuts and start giving a rip about this child! No judge would ever be "ok" with the significant other of one parent to become violent with the other parent during a "transition" and YOU KNOW THIS HARVEY!

Its best to stay in place till Thursday just so Nahla doesn't see what "Uncle OLI did to DADDY'S FACE!"

507 days ago
43.

Gigi    

I don't know who started what or who said what, but, I think the best thing they both should have done was have a third party picking up the daughter and dropping her off and leaving both parents and the new fiance out of it. I think Gabe is going to have an uphill battle with this one which is sad. If Halle take away her dad, one day she will regret it.

507 days ago
44.

Gsharon 710    

There are many Mothers out here who wish the father would be in their child's life. I have already bought movies with this scallywag in them, but I don't have to watch them. I hope the judge takes into consideration her public statement about wanting a sperm donor only. The judge should have sent her boyfriend packing. What business did he have to follow Gabriel? Halle's ass will be beat next. Such a horrrible mother to allow the man who followed her baby's father and beat him, is allowed in her bed and around her child. Stupid cow.

507 days ago
45.

eivissa    

I am begining to think that Halles own mother is the reason for all this, she taught her to be this way towards men.

Halles own sister said in many interviews that her father NEVER beat them.
Halle will not talk to her. Halle has cut ties to her now for 5 years.
I am thinking Halles own MOTHER did the exact same thing to Halles own father and poinsened her against her father.
Halles sister says that she had a realtionship with her father her whole life untill he died.
I dont know????

I think Halle is just a bitter old hag. And cant let go.
Every man in her eyes is the image her own mother put there.

Just my 2 cents.
Over thinkin' prolly

507 days ago
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