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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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46.

PINK PILGRIM SHOE    

Halle, what are you gonna do now? Cry racism?

697 days ago
47.

YouDontSay    

I will say it again. Anyone who believes Halle and Martinez are imbeciles.
Being in the legal field here are a few real cases:
Girl and guy verbal fight. Girl puts hands on guy, he goes to call police she grabs a heavy leaded ashtray and cracks it on her head. Tells him call the police now.
Girl and guy fight because he wants out of relationship. She pinches her breasts and arms to say he hit her.
Divorce with little girl. Mother plants a diary to act like the father had molested girl.
Men can be dogs but women can be pure evil.

697 days ago
48.

PINK PILGRIM SHOE    

Helle's at home playing cards now...

697 days ago
49.

jen    

SMH That is ridiculous that Halle and the Frenchman are getting away with this crap!

697 days ago
50.

jen    

NM I see now that the judge is allowing him to see his daughter.

697 days ago
51.

eivissa    

on the dailymail.c om it says Aubry did NOT win today and that there are false reports that he did.

And they have alot of pictures of Olivier LAUGHING today! ugh!

697 days ago
52.

judy1244    

I think Nahla should get a restraining order against all three of them.

697 days ago
53.

Pokerface    

Wow! I get it now. She did alright without a father so her little girl can not have her father. It gets passed down every generation, her mother to her, now her to her daughter. What a set-up Berry, what will you do when the French guy ruins this relationship? Isn't it always someone else's fault? Oh PS don't forget to cry those really big Oscar tears in court.

697 days ago
54.

itznarin    

Eff halle and Oliver.

697 days ago
55.

ZB    

Hate to see people use their children as weapons.

697 days ago
56.

PINK PILGRIM SHOE    

I've started to wonder about Halle's bio dad. Maybe he wasn't an absentee father by choice. Perhaps her mother pushed him out of Halle's life, just as Halle is doing to Gabe. It's a pattern she probably saw and learned.
Her mom may have verbally reinforced that kind of abusive behavior when things didn't go Halle's way.
Halle’s actions certainly convey, " I should always get my way and if anyone ever tells me no, I will spread vicious lies about them. Honesty, kindness and integrity are foreign concepts to me, I will lie, misrepresent and manipulate to win.

697 days ago
57.

Phreaky    

I hope you are happy Halle. You know, some day Nahla will grow up and see these photos of what your man-of-the-moment did to her father and see that he fought for her and fought for the right to see her and you are doing everything in your power to make that impossible. I hope the obvious happens and she HATES YOUR GUTS.

697 days ago
58.

itznarin    

So many sites with different info. What is true and what is false.

697 days ago
59.

PINK PILGRIM SHOE    

San Francisco Chronicle says Gabe won the restraining order.

697 days ago
60.

Patty in MN    

I have lost a lot of respect for Halle Berry over the years, especially the way she's acted when it comes to Nahla & Gabriel. It's as if she's using Nahla to punish Gabriel, and it's not right. As far as the fight between Gabriel and Olivier-looks like Gabriel was set up. Olivier sure got the better of Gabriel-than to call and make a "citizen's" arrest? He's not even a citizen! Sounds more and more like a set up!

697 days ago
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