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Gabriel vs. Olivier Who'd You Rather?

12/1/2012 6:20 AM PST BY TMZ STAFF
1201-gabriel-aubry-olivier-martinez-gettyGabriel Aubry and Olivier Martinez share more than just Halle Berry in common -- they're both easy on the eyes.

The question is ...

More Who'd You Rather?

Gabriel Aubry DROPS Restraining Order Against Olivier Martinez

11/30/2012 5:33 PM PST BY TMZ STAFF

It's pretty remarkable, but a week after nuclear war at Halle Berry's house which left Gabriel Aubry's face a bloody mess, they have figured out a path to peace ... and the clearest evidence is that Gabriel's lawyer just went to court and dropped his restraining order against Olivier Martinez.

It happened just a few minutes ago. Shawn Holley, Gabriel's lawyer, told the judge her client no longer needed to keep Olivier away from him.

As TMZ first reported ... the parties struck an agreement Thursday to end their mega-dispute, which revolves around 4-year-old Nahla.

The remaining issue ... Olivier made a citizen's arrest after the fight and the case is going to the L.A. City Attorney for review.  We're told it's "highly unlikely" Gabriel will be prosecuted.

If Halle can do it, maybe there's hope for Middle East peace.

Gabriel Aubry REUNITES with Daughter Nahla

11/30/2012 4:30 PM PST BY TMZ STAFF
breaking news
Gabriel Aubry spent some long-awaited quality time with his daughter Nahla today ... for the first time since he and his baby mama Halle Berry called a truce.

As we previously reported, Halle agreed to drop the restraining order that prevented Gabriel from having any contact with his 4-year-old daughter.

Gabriel was still sporting shades during the meeting ... covering up the shiner he received at the hands of Halle's fiance Olivier Martinez during a Thanksgiving Day brawl at Halle's place.

But none of that seemed to matter to Gabriel today ... when he and Nahla were holding hands and smiling like they didn't have a care in the world.

Halle, Gabriel, Olivier Peace at Last Settlement Announced

11/29/2012 3:25 PM PST BY TMZ STAFF
breaking news
Gabriel Aubry
and Halle Berry have reached a truce in their war over that Thanksgiving Day blowout between Gabriel and Olivier Martinez -- and their lawyers announced the peace accord with the simplest possible statement.

Halle's attorney Blair Berk just walked into the hallway outside court, and held up a piece of paper with this handwritten message: "The parties have reached an amicable agreement. There will be no further statements regarding this matter."

The statement came from Berk and Shawn Holley, Gabriel's attorney.

As TMZ first reported ... both sides were working hard to hammer out an agreement, and went into court today to present their terms to the judge.

Halle and Olivier were not in court today, but Gabriel did show up ... sporting shades to hide his gruesome bruises from the fight.

Gabriel, Halle, Olivier They May Have SETTLED BEEF

11/29/2012 2:07 PM PST BY TMZ STAFF
There are strong signs ... Gabriel Aubry, Halle Berry and Olivier Martinez have called a truce in their Thanksgiving Day war ... TMZ has learned.

The big, big guns just showed up in family court ... Blair Berk, who reps Halle, and Shawn Holley, who reps Gabriel. Sources familiar with the situation tell TMZ ... Berk, Holley and other lawyers spent hours yesterday trying to resolve the differences that led to the explosion of anger in Halle's driveway. 

Berk and Holley straddle both areas of the law -- criminal and family -- and them showing up together is a sign they may have reached a peace accord. We're told Halle and Olivier will not be present in court, so it's highly unlikely either side is asking for an extension of a restraining order since the key witnesses are not there to testify. Gabriel just showed up wearing sunglasses.

It would appear the lawyers will talk to the judge about the terms of a settlement.

Stay tuned.

Halle Berry Secretly Selling Hollywood 'Fight House'

11/29/2012 6:00 AM PST BY TMZ STAFF
Halle Berry has VERY quietly listed her Hollywood Hills mansion for $15 million ... the same home where Gabriel Aubry and Olivier Martinez faced off in a violent Thanksgiving Day showdown ... TMZ has learned.

Multiple real estate sources familiar with the deal tell TMZ ... a few weeks back Halle gave a prominent realtor a pocket listing -- a fancy term for property that isn't advertised. The broker -- Billy Rose with the high-end company, The Agency, has history with the house. He owned it a decade ago, renovated it and then sold it to actor Frankie Muniz, who sold it to Halle several years later.

Sources tell TMZ ... Rose has quietly put out feelers to other realtors and potential buyers ... with some success. We're told last week Halle got an $11 million offer, but she's holding out for more.

In case you're in the market, it's a 5-bedroom, 5,900 sq. ft. Tuscan-style estate, with a huge backyard, a 1,400 sq. ft. guest house ... an awesome pool and spa ... fireplaces galore ... incredible landscaping ... and oh yeah, a motor court -- where Gabriel and Olivier settled their score.


Gabriel Aubry Cops Say He Was Aggressor In Olivier Martinez Brawl

11/28/2012 5:13 PM PST BY TMZ STAFF
Although it appears no criminal charges will be filed against Gabriel Aubry in the Thanksgiving Day massacre of his face at Halle Berry's house ... cops on the scene concluded he was the instigator ... TMZ has learned.

According to the police report, after interviewing Gabriel, Olivier Martinez and Halle, ​the investigating officer concluded, "Suspect [Gabriel] arrived at victim's [Olivier] residence for child custody exchange. Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead. Victim returned with 3 punches to the suspect's head, causing him to fall to the ground. Victim's fiance [Halle] notified police."

It's interesting ... Olivier and Gabriel each claimed they said nothing to incite the other, but the report concludes both were smack talking.

According to the conclusions in the police report, Olivier acted in self defense: "Victim defended himself and punched the suspect."

And law enforcement sources tell TMZ ... Gabriel never told police about the alleged death threats made by Olivier both the day before and during the fight ... threats he later claimed were made by Halle's fiance. What's more, cops contacted Gabriel after the fight and asked if he had more info, and he passed. There was no mention of death threats.

Nonetheless ... in the end law enforcement believes it's a case of mutual combat and it's almost certain Gabriel will not be prosecuted.

Gabriel Aubry Halle is NOT My Ex-Wife

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

Gabriel Aubry Criminal Charges "Highly Unlikely"

11/28/2012 6:00 AM PST BY TMZ STAFF
Gabriel Aubry almost certainly will NOT face criminal prosecution for the violent Thanksgiving Day brawl at Halle Berry's home ... law enforcement sources tell TMZ.

As you know ... Olivier Martinez made a citizen's arrest against Gabriel and he was booked for battery. We've learned the case will be sent to the L.A. City Attorney's Office Thursday, but cops will not make a recommendation as to whether Gabriel should be prosecuted.

Law enforcement sources connected to the case tell us ... the consensus is that the fight was "mutual combat." As such, we're told it's "highly unlikely" charges will be filed. 

Gabriel was not as lucky on the restraining order front. As we first reported, he got shut down in court yesterday when he asked a judge to lift the order prohibiting him from going near Nahla. The restraining order expires tomorrow, but Halle could go back to court and request a new one.


Halle Berry Security Cams MISSED Brawl ... Thanks to Old Stalker

11/27/2012 5:28 PM PST BY TMZ STAFF
There is no video surveillance footage of the violent Thanksgiving Day showdown between Gabriel Aubry and Halle Berry's fiance Olivier Martinez -- and it's all because of Halle's old stalker.

Law enforcement sources tell TMZ, when detectives visited Halle's home last year to investigate a scary stalker situation, they advised her to re-position her home security cameras to face the fences surrounding the property ... in order to catch a possible intruder.

Halle obliged ... and the cameras have remained facing the fences ever since ... and could not have captured the front door area of the home where the fight between Halle's past and present men took place.

Law enforcement sources tell TMZ, detectives have reviewed the available footage -- shot at the time of last week's brawl -- and confirmed the fight went down outside of the cameras' field of vision.

As for Gabriel's claim that Halle could have erased the video -- we're told cops DO NOT believe the security footage was altered in way ... it just plain missed the shot.

Gabriel Aubry Strikes Out in Family Court

11/27/2012 2:02 PM PST BY TMZ STAFF
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.

Olivier Martinez Brace Yourself

11/27/2012 10:45 AM PST BY TMZ STAFF
Halle Berry
's fiance Olivier Martinez is on the mend after his brutal fight with Gabriel Aubry on Thanksgiving -- dropping by an L.A. hospital today ... and getting his injured punching hand wrapped in a brace.

As we first reported, Olivier got the better of Gabriel during the fight -- suffering relatively minor injuries in comparison to Gabriel's brutalized face.

An emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla -- but Gabriel's rushing to court today to get it lifted. 


Gabriel Aubry Rushes to Court I Want My Daughter Back!

11/27/2012 5:30 AM PST BY TMZ STAFF
Gabriel Aubry is rushing to family court today ... asking a judge to lift the order prohibiting him from seeing his daughter in the wake of the Thanksgiving day beatdown ... TMZ has learned.

TMZ broke the story ... after Gabriel was arrested for battery ... a judge issued an emergency protective order blocking Gabriel from coming within 100 yards of Halle Berry, Nahla and Olivier Martinez.

We're told Gabriel's lawyers will argue Olivier instigated the fight, beating the model to a pulp in Halle's motor court and even repeatedly slamming his head on the concrete.

We're told Halle's lawyers will be in court this morning to oppose Gabriel's motion ... and Halle may show. 

Gabriel obtained a restraining order Monday against Olivier.


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