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Gabriel Aubry

Halle is NOT

My Ex-Wife

11/28/2012 11:02 AM PST BY TMZ STAFF
EXCLUSIVE

1126-aubry-berry-tmz-getty-3
Halle Berry is NOT Gabriel Aubry's ex-wife, despite multiple references made in legal docs filed by Gabriel's attorneys ... TMZ has learned.

Gabriel's lawyers filed a petition for a restraining order against Olivier Martinez. In the docs, there are multiple references to Halle as Gabriel's "ex-wife."

Sources involved in Gabriel's case tell TMZ ... it was simply an error -- Gabriel and Halle were never married.

One other loose end on the fight front. We reported earlier today it is highly unlikely Gabriel will be prosecuted for battery. Aside from law enforcement's view that it was "mutual combat" between Gabriel and Olivier, another thing in Gabriel's favor is that the moment police arrived, Gabriel repeatedly asked cops to check the video. The upshot -- he had nothing to hide and wanted them to see how the fight started.

As we first reported, the cameras don't show the fight, because they were repositioned to shoot the perimeter of the property to better spot intruders.

162 COMMENTS

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1.

Legit    

Good Gabriel, the fact that he wanted the tape seen immediately shows he WAS NOT at fault. And I love how paranoid Berry just so happened to have all her security cameras facing away from her drive way. The drive was leads to the front door/garage, I would think that a camera would specially be there.

631 days ago
2.

Twiz    

I have come to realize that the ONLY reason TMZ continues to report on these three is to drive up page/site hits. This is my last comment and last time I read about them! Anyone else feel the same??

631 days ago
3.

Jac    

How convenient that the cameras did not record the fight. Halle is a P O S. There was no need for her significant other to be around when her child's dad dropped her off at home. He needs to do what MOST people in the same situation do, STAY INSIDE. I believe 100% that Olivier and Halle are in the wrong.

631 days ago
4.

Jay W.     

Est-halle une bonne mère?

631 days ago
5.

Church Lady    

I don't understand why Martinez wasn't arrested at the same time as Aubry. And in light of Aubry's injuries, and Martinez's lack of injuries, and Aubry's consistent complaints of being attacked, and the conveniently missing security video, why isn't Martinez being charged with assault and/or battery? Aubry needs to file a criminal complaint ASAP.

631 days ago
6.

JD    

TMZ why are you so evil? No one gives a **** about Halle so why kiss her half black azz? Anyone with an average IQ knows that she obviously re-arranged the camera so her Frog olden day gigolo should ambush Aubry. So sick of TMZ siding with the s***bags to get info and thinking they have any spin to make garbage like Halle and Frog look good.

631 days ago
7.

gary     

Halle always fights dirty.... just check with all of her exes.

631 days ago
8.

Mattie    

I still say that if I was Halle Berry with her money and had stalkers, instead of simply turning a camera to change the view I'd buy another! Think of your safety and Nahla's safety, woman!

631 days ago
9.

saf    

Umm...no she was not his wife. It did not take long for Gabe to figure out Halle is bat shiit Crazy.

631 days ago
10.

Suzanne    

I'm surprised the Aubry has not filed for a restraining order to keep Martinez away from his daughter. The physical evidence of Aubry's injuries should be enough to at least get a temporary order forcing Martinez to get out of the house and away from Nahla.

631 days ago
11.

GothamGirl    

Another update from Halle's camp, so that TMZ can put it out there yet again that it was "mutual combat". Too bad the public isn't buying it!

631 days ago
12.

Tinalouise    

Oh boys boys boys..beware of the pretty face, the sweet soft spoken voice and the lovely demeanor. This woman is nothing but drama behind closed doors. How many men has she been with now and just can't seem to keep a relationship without accusing the other of something torrid. She is fake as faux and I am really turned off by her behavior..

631 days ago
13.

Ashley    

You think Hallie and Olivier planned that? She knew the cameras wouldn't catch it on video. It's HER house after all. If Gabriel were to have been charged, Hallie would have a better case to be able to move to France to get away from her "violent, crazy" baby daddy. Hallie and Olivier are starting to get really irritating with all of this. All she is doing is f&^&% with Nahla's poor little mind by pulling all of this crap instead of making a nice loving home for her. What a great parent.

631 days ago
14.

KnuckleDragger    

I'm wondering why she says she took a cop's advice on camera security...and then told the security people who installed the security system to change the camera angle. Any security company would have suggested additional cameras. It's not like she couldn't afford an upgrade.

631 days ago
15.

nicole    

I can not believe that lapd is naive enough to believe that this fight was "mutual combat". I think that is spin from her camp. They can see from news coverage that no one is buying that gabe was the aggressive and olivier the victim. So now they have changed it to "mutual combat" as a way to save face. Pathetic

631 days ago
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