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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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76.

Joao    

"...clerical error", bullsh1t. The piece of sh1t judge want's to have Halle's back but is waiting for the tribe to give her the marching orders. What a lawless state and it's backfiring on them. You can only corrupt government and law for so long before the populous lose all respect its institutions and before you know it the entire state will be one big, disgusting, gay San Francisco.

590 days ago
77.

jflub    

My husband has a vindictive ex and they have two kids. I don't know Halle Berry but I do know her type. She is selfish and will do whatever necessary to accomplish her end goal. Her fiance could have just hit him once IF he really pushed him, buy he wailed on the poor guy. This goes well beyond self defense. I hope he gets his baby girl back.

590 days ago
78.

gutsygirl    

What kind of woman would want the father of her child beaten to a pulp like that? Regardless, he is that little girl's father. She is pure evil.

590 days ago
79.

Sunset    

I am certaintly going to believe all the other sites reporting Gabriel got his visitation back over TMZ. He probably just has to wait two days. TMZ admitted they were WRONG when they said that Janet Jackson and Paris slapped each other when they had that fight. I am so glad that Gabriel can see his daughter and I hope that the judge says that Oliver can not be near Nahla. It says a lot that Nahla said she was scared when she saw Oliver. I read that Gabriel said Nahla got upset when the nanny came to the car too. I wonder if she overheard Halle and Oliver planning the beatdown of Gabriel and knew what was going to happen. I have also read that Gabriel says that the nanny had already taken the child inside when Oliver attacked him so it sounds like she didn't see anything. That would be another lie from Halle who claimed that Nahla saw the beginning of the fight so she can use that to try to take Nahla away from Gabriel. I am so glad that the vast majority of people are on Gabriel's side and hate Halle just like her daughter will some day for keeping her dad away from her.

590 days ago
80.

Constance    

Gabriel should get full custody, Halle should be ordered to get a psych evaluation, Olivier should be deported.

590 days ago
81.

Firefly    

This is aimed at a person named Sincerity from page 2.

Sincerity,

Martinez stopped Gabriel from getting into his car. He jumped off the step and attacked Gabe before he could even begin to have a chance to call 911. What is in it for you that you are fighting so hard to prove Gabe was at fault? Hmmmmmm ? Why would Olivier change the direction of the cameras? Was it because he didn't want anyone to see what he was going to do to Gabe? Why did Olivier answer the door to recieve Nahla and not her mother Hmmmmm? Why would Olivier pummel Gabe in self defense when Gabe was on the ground already? I could go on and on but why bother, you have it in for Gabe and nothing anyone says will change your mind. So sad.

590 days ago
82.

MK    

Okay. I'm officially hating on Halle. Her career is over because of this. She's getting exposed for who she really is....a nutter. Poor Nahla.

590 days ago
83.

fangabriel    

I disagree I think every man she has gone out with dated, etc. She claims they have abused her. Where is the proof doctor's records etc. None has been found or seen no police reports nothing. I think it says something about her character more than his. He has no reason to lie about what went down if he knows their are cameras that can tell what happened. If what he says is true then not only should the child be removed from the home, their should also be charges brought against Halle and Martinez. For filing false police reports, tampering with evidence and well as assault with a deadly weapon.

590 days ago
84.

Somerville    

um. TMZ? You are behind the reporting curve. Radar is reporting that Aubry is allowed visitation.

590 days ago
85.

Grace    

Can't Gabriel's employer sue Olivier? Since Gabriel is a high paid model I would think the major lines who employ him now have to re-schedule photo shoots and such because of the attack Olivier did on Gabriel.

590 days ago
86.

Randi    

I just don't watch her movies any more - so much for Cloud Atlas. We go to movies for an escape - not to be reminded of this kind of crapola.

590 days ago
87.

eivissa    

So I like Eric Bonet~


******Her ex'es didn't beat her.
Just because she said so doesnt mean they did.
~
I am sure they are very upset they are being brought up for this right now and so are their wives and children.
~
She *said* her 1st baseball husband did.
But he has been remarried for 12 years with 2 children and has been NOT in the news and not been arrested for abuse.
~
I am positive we would have heard about it.
NONE of the past exes have been in the news.
NONE
Think about it, Eric Bonet did cheat on Halle....
at first I felt bad for Halle, now I understand why he did. (** he did not beat her, he * was honest and owned up to* what he did, on tv interview )
**Halle had a huge problem with Erics daughter.
hmmmmmm
Eric Bonet Remarried and is NOT in the news for anything negative.
He is in only positive for his music and he remarried PRINCES' ex wife. He doesn't cheat on her. ( as far as I know)
~
I do not believe Halle for a second that they beat her. NO.
Halle has been in the news for 2, leaving the scene accidents. ( 2 hit and runs)
. And Getting arrested for both.
And getting sued. (She really f*cked up the last girl she hit ).
~ She has really screwed up alot of peoples lives. But hasnt really owned up to ANY of the sh*t she has done.

590 days ago
88.

Nat    

Not sure about the statement “Gabriel Aubry taking another lump in his war with Halle Berry”, assuming that Helle got a temporary restraining order against Gabriel, it can’t be revoked / extended until a hearing is scheduled, this is why temporary restraining orders last for very short period of time (usually only one week or two)…the judge rejected Gabriel’s request because he didn’t hear both parts involved (Gabriel / Helle + Olivier) to rule who is right / wrong in their dispute / fight…Once there is an hearing where both parts have the chance to bring evidences / testimony / medical records etc. Just than the judge will decide if he wants to turn the temporary restraining order into a permanent one. At this point the ruling of the judge is “ordinary procedure”, any further contacts between the parts can be dangerous esp. because a little girl is involved in this dispute…it is sad Gabriel can’t talk to his daughter but at this point it might be the best thing, and not because he is in the wrong…TEAM AUBRY HERE!!!

590 days ago
89.

Nat    

Not sure about the statement “Gabriel Aubry taking another lump in his war with Halle Berry”, assuming that Helle got a temporary restraining order against Gabriel, it can’t be revoked / extended until a hearing is scheduled, this is why temporary restraining orders last for very short period of time (usually only one week or two)…the judge rejected Gabriel’s request because he didn’t hear both parts involved (Gabriel / Helle + Olivier) to rule who is right / wrong in their dispute / fight…Once there is an hearing where both parts have the chance to bring evidences / testimony / medical records etc. Just than the judge will decide if he wants to turn the temporary restraining order into a permanent one. At this point the ruling of the judge is “ordinary procedure”, any further contacts between the parts can be dangerous esp. because a little girl is involved in this dispute…it is sad Gabriel can’t talk to his daughter but at this point it might be the best thing, and not because he is in the wrong…TEAM AUBRY HERE!!!

590 days ago
90.

GothamGirl    

Halle to Olivier "Make sure you mess up his face".

590 days ago
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