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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.

163 COMMENTS

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31.

lanie    

Los Angeles county should be ashamed of themselves.. Arresting a man who was clearly beaten to a pulp... and not arresting the man who had no injuries, besides injuries to the hand..

--

Either they should have arrested BOTH men OR neither one..

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If it is true that Gabriel--- with his bloody, bruised, swollen face-- told cops to get the security tape while still at Halle's residence... and if Gabriel told them repeatedly that it was Olivier who started it... and the LAPD didn't arrest Olivier as well--- then that is SHAMEFUL...

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And because of his arrest -- now Gabriel Aubry hasn't been able to see his daughter.. LAPD played right into Halle's hands... This makes me angry...

591 days ago
32.

Jillian    

I just heard on 'The Talk" that Halle is SO upset over this that she is thinking about quitting her showbiz career! Honey, good plan, because NO ONE will ever have enough respect for YOU after this stunt to want to see you in ANYTHING ever again! I will never purchase anything that you endorse either! I don't do vindictiveness or wicked, evil people. No time in my life for people like YOU! I will not hand over one red cent of our hard working money to line your vile, cruel, UGLY pockets anymore! You are toast to the world!

591 days ago
33.

wuchutkinbout    

It is ridiculous she can afford to have cameras surveilling the perimeter AND the driveway and front doors. give me a break

591 days ago
34.

wuchutkinbout    

It is irrelevant who started it. What would happen if Halle started a fight with Martinez and she was beaten like that? His ass would be in jail!

591 days ago
35.

Anon    

Hollywood is a small town. I think they all know Halle is full of it. I won't buy anything she's involved with, movies or products.

591 days ago
36.

wuchutkinbout    

I saw Halle Berry on an interview with Wendy Williams. She wouldn't come to the show live. It had to be tapped in LA and edited to her approval before it aired. She came off looking conceited and selfish.

591 days ago
37.

Zoe    

It does show he had nothing to hide if he kept saying "look at the camera's footage." I'm just pissed that Martinez has not been arrested. Hopefully tomorrow the judge will see through Halle's BS.
Well tomorrow I'm sure TMZ will give another slanted report on Halle's/Martinez being Harvey is such a good neighbor and all.

591 days ago
38.

C.L.    

I bet David Justice and Eric Benet are thanking their heavenly fathers right about now. I just recently read an article of Benet saying he thought Berry loved his daughter so much when they were married, but she had only contacted the child once since they divorced. So pathetic! I never really liked Benet that much either until I read a few articles on how he handled their divorce and life after Berry. I have the highest respect for him now. He never once bashed her unlike she did while going thruogh the divorce. And yes he admitted to cheating on her but now I see why. LOL!

591 days ago
39.

chloe    

"Mutual Combat", since when is one person getting the crap beat out of them mutual? So is this how you get away with beating people up, make sure there are no cameras around or witnesses (that aren't on your payroll), beat the crap out of someone and then call the cops and make a citizens arrest (conveniently on a 4-day holiday weekend where the courts are closed).
As soon as it came out that Gabriel was immediately asking for the tapes to be viewed I knew this was a set-up.

591 days ago
40.

AreaWoman    

This is just such a travesty. People focusing on clerical errors when the real issue: WHY IS A VIOLENT THUG LIKE MARTINEZ ALLOWED ACCESS TO Mr. Aubry's daughter???? STAY ON POINT, TMZ. STAY. ON. POINT.

591 days ago
41.

Michelle R    

Poor Gabe. He had no idea he was getting involved with a crazy baby mama. I used to be such a fan of hers. I was so happy she had a baby after a long struggle trying to get pregnant...as did I. But no longer. She should never try to keep a kid from its dad as long as he is trying to do right by the child, and is not putting the child in danger. How dare she try to replace Gabe with Olivier's violent ass. You just don't do that.

591 days ago
42.

dummy    

Halle deserves to get her other eardrum busted. She's a POS and a sorry excuse for a parent. I hope she loses custody of that poor child.
PS-IT WAS A SET UP!!

591 days ago
43.

dummy    

Halle is a proven liar. She is responsible not just for one, but TWO HIT AND RUN ACCIDENTS. The first in 1997, her fault and she fled the scene. Credits Eric Benet for helping her through it, does community service at a battered womens shelter (of course) and says she learned a lot and in the end it made her a better person. So much better, that she did it AGAIN in 2000. Her fault, left the scene and injured people just like the first. Got 3 years probation & a fine - cops accused of giving her preferential...

591 days ago
44.

Connecticut Sam    

No problem, get more cameras, Berry who is a worthless mother and person.

591 days ago
45.

Keyser Söze    

The title is about a mistake made by Aubry's lawyers... but the most important thing to take away from this text is the fact that he, NOT Martinez, wanted the cops to look at the video footage, OBVIOUSLY, this simple statement to law enforcement discredit EVERYTHING that frog-legs-eating douchebag said about the fight he started with that poutine-loving father!

Way to bury the lead, TMZ...

591 days ago
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