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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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61.

Sunset    

I'm glad people on here know that Radar is reporting that Gabriel is allowed to resume visitation and that the order was lifted! TMZ is totally on Halle's side and it is disgusting! Halle and her people are their "sources". TMZ worded it in a misleading way. Gabriel was NOT shut down. He only has to wait two more days and then resumes his visitation which TMZ failed to mention not suprisingly. They also are not reporting that Gabriel is asking for Oliver to not have any contact with Nahla. I hope the judge grants that request! That would be great and really piss them off. I read that Gabriel was not allowed to go to court today because of the protective order because Halle was there which is wrong. There should not be an order in the first place since it is obvious Oliver started the fight and Gabriel has every right to be in court so I hope he was allowed to go after Halle left. Go Gabriel!

634 days ago
62.

Tmzfan    

Safe to go with TMZ reports I always say. I think they have a decent track record of giving the facts as they get them and being confidant that what they put out is accurate and when it's not, correcting themselves.

634 days ago
63.

dummy    

I can understand why her first husband beat until she couldn't hear. I am not a fan of domestic violence, but she is such a bad mother, she deserves to be beaten.
Eventually, her loser, user, boyfriend will beat her too-HOPEFULLY!!!

634 days ago
64.

Oh A 💛💋    

I feel bad for the child !

634 days ago
65.

g is the name    

Radar never corrects themselves. Radar always has typos. Even the regular commenters on radar stay trashing them because of the error filled bs they write. They. Never. Correct. Themselves.

634 days ago
66.

Bitch please    

She provokes men to beat her C U N T vile disgusting a§§. Then plays the victim. What an evil bitch. Karma will get you bitch. Lets see what she will blame this POS french douche for doing to her one day. She needs to be in a mental hospital.

634 days ago
67.

hockeychick    

Every guy she had ever been involved with has a problem. Halle Berry. This poor child is going to grow up a pawn.

634 days ago
68.

Erika    

Why hasn't TMZ reported about Halle Berry destroying security footage!?!. You know w/ her paranoia of the paps, you know she has it. Radar is reporting that Gabriel mentions a tape in his court docs, but TMZ hasn't made a peep about it.

634 days ago
69.

Julia M.    

Restraining orders do not keep you out of court. The already scheduled hearing is for this Thursday. Courts have busy enough calendars without adding cases to them and it makes sense that they would just tell Aubry to come back in 2 days.

But, Harvey, you're being intellectually dishonest when you make it seem like Aubry "struck out" - it's just a calendaring issue and not anything of substance. You know better than this.

It really is looking mroe and more that Halle has no business with primary custody of the child.

May I remind everyone that when Halle attempted suicide - after her break up with Dave Justice - that she planned to take her dog with her and kill it as well. Now THAT is something very scary and very telling about Halle's mentality. Halle is a danger to that child both physically and psychologically.

634 days ago
70.

lily    

so now the examiner is siding with radaronline, perez and sanfran chronice in saying gabriel has gotten his visitation back...

634 days ago
71.

ROTTIE    

Good!

634 days ago
72.

lily    

i wonder if gabe knows how much online support he has... i think the vast majority of people are wishing him well + hoping he gets to see nahla most of the time.
i also wonder if halle knows how many people hate her + think she's crazy + manipulative...

634 days ago
73.

CheriB    

Gawd! Halle Berry is a psycho,,, all she has done is fight with all of her exes......no wonder they beat the
S H I _ outta her! such a vengeful bitter beooootch, get over yourself tootsie,,,you're berries aren't so desirable anymore!

634 days ago
74.

KB    

Everyone keeps saying why don't they work it out. Aubrey has no choice in the matter. You can't work it out with a narcissist who doesn't believe in a win-win. The only win she will accept is getting Aubrey out of his daughter's life. How do you compromise with that?

634 days ago
75.

Demi    

Throw up everyone, Halle Berry is trying to set up Gabriel with a violent crime, just so he is the one getting deported. I just watched that on Extra.

634 days ago
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