Halle Berry Plans To Get A Restraining Order Against Gabriel Aubry


Well, we all pretty much saw this one coming. Halle Berry’s ex Gabriel Aubry and her fiancé Olivier Martinez got into a huge fight on Thanksgiving Day, and all hell has broken loose. Gabe (I call him Gabe sometimes) was dropping off Nahla, his 4 year-old daughter with Halle, when Olivier approached him and the fight started to go down. Many of us are still confused as to how Gabriel was later arrested but Olivier wasn’t, although I guess it helps that Olivier made the citizen’s arrest– which is hella weird considering (as some of you pointed out) that Olivier is a French citizen and Gabe is Canadian.  Now yesterday we saw the post-brawl pictures of Gabe and, sadly, the very pretty face that many of us know and lurve (shouts-out to PITNBR kendra) has been desecrated. AKA… he got his ass handed to him by Olivier… lol. And now it looks like he might get his ass handed to him by a judge. Halle’s heading back to court this week to change the current, temporary order of protection into a permanent restraining order against Gabriel. Click inside to learn more.
TMZ has the update:

Halle Berry is taking no chances … she’s going to court early this week for a restraining order against Gabriel Aubry after the blowout fight Thanksgiving day … TMZ has learned.

Sources familiar with the situation tell TMZ Halle and her lawyers are alarmed that Gabriel allegedly started the fight with Olivier Martinez right in front of 4-year-old Nahla. Although a judge issued an emergency order of protection — requiring Gabriel to stay 100 yards away from Halle, Nahla and Olivier — that order expires Tuesday.

We’re told Halle’s lawyers will be in family court asking a judge to extend that protection for an indefinite period of time.

TMZ broke the story … the bloody fight landed both Gabriel and Olivier in the same hospital ER. Gabriel was arrested and could be charged with criminal battery.

Sources tell us … Halle’s argument is pretty simple — if Gabriel can’t control himself enough to protect Nahla from emotional trauma, it’s too risky for him to be around the child, Halle, or her fiance … with whom he clearly has beef.

Halle has firepower behind the argument, because we know Halle’s lawyers argued before the same judge on previous occasions that Gabriel’s temper was uncontrollable.

Man… it is sooo hard to call this story. On the one hand, I feel like a lot of you feel– something ain’t right here. It’s all very convenient for Halle, seeing as how she just lost the custody battle with Gabriel and I really don’t believe in coincidences.

However, PITNBR Ella has sort of vouched for Halle in the past, mentioning that Gabe was known for being douchey (even to the point of insulting Halle with racial slurs), and arguing that we do not know the entire story, which is true.

But I just can’t shake the fact that Halle was prepared to go all the way to France with Nahla. Gabe may, in fact, be a douchebag, may even be a racist (I don’t think he is) but even if he is THE WORST person ever, he is still the guy Halle decided to have a baby with. And he’s still Nahla’s father. Unless he’s a physical danger to her (and I haven’t seen or heard proof that he is) then I believe he has the right to a relationship with her. I certainly understand the argument that a parent can be emotionally damaging to their children but (and this is unfortunate sometimes) it’s difficult to measure that. As a parent I can safely say that ALL PARENTS cause some emotional damage to their kids. LOL… no, but seriously… we do. That’s why the first thing you talk about in therapy is your Mom, and then your Dad… and then you circle back to your Mom. It’s impossible to raise a child perfectly and so–yes– I believe all children suffer a little (sometimes a lot) of emotional ish because of their parents.

As I said before, it sounds like allll of the adults in this situation need to get it together. Because a physical fight in front of a four year-old is definitely on the high-end of emotional ish (IMO), so Olivier and Gabe (and Halle, for whatever role she might have played in it) need a judge to tell them all that none of this is cool. Again, IMO!

Do y’all think Halle is right to go after the restraining order? And if she is successful, will that make it possible for her to finally move to France with Olivier?

[Source] [Photo Credit: INF]

  • Gaubry

    Of course. I knew she’d do this the min it happened.

  • SittingPat

    This whole story is just too, too convenient and perfectly timed for Halle getting things her own way. Plus the whole thing about Gabe being arrested, a citizen’s arrest, by the man who beat the hell out of him? That’s celebrity justice for you…very similar to hillbilly justice. First you attack someone, then you arrest them for the fight.

    • kendra

      It’s one thing to defend yourself, but by the looks of it, Olivier unleashed on Gabriel..I don’t understand how he’s coming off as the victim here..Especially since he has training as a boxer..I just don’t get it..

    • Joan

      Olivier is a trained boxer?! Well that certainly helps make sense out of the aftermath…

  • Serenity

    I’m just going to turn this into a drinking game.

    Halle Berry’s new boyfriend beats up her child’s father: take a shot.
    Halle Berry files for a restraining order: everybody take a shot and pout an ounce of liquor into the big cup in the center.
    Halle Berry petitions court to terminate Gabriel’s parental rights: oh, lord. Somebody just buy me one of those two liters of Cuervo from a liquor store in Tijuana.

  • LaurenL

    I don’t know, I’m torn, I think that yes she should have some protection -but it also doesn’t seem right because he still the dad! there is something else going on here… Undecided.

  • MM

    She can get every restraining order or move anywhere she wants, but somebody her daughter WILL look for answers. And if she realizes that her mother just wanted her father out of her life, then this will strain the relationship – maybe even end it. When children are young, they don’t understand the whole situation. When they’re older they start to ask questions and seek answers to: who is my parent? where are they? why did they give me up? etc.

    However, if Halle Berry is right and thats a BIG if, then maybe a restraining order or a move to France is what Nahla really needs especially if what their saying about her father is true.

    All I know is – Halle & Gabriel break up and suddenly he’s an abusive racist. She gets to together with Olivier Martinez and suddenly France (the same place that took topless photos of Kate Middleton and contributed to the death of Princess Diana) is a safe place for Nahla. Now thats she’s lost her legal battle to move Nahla to France, Gabriel comes to her home to start a fight?

    Ya, sorry. Not an iota of sympathy left in my body for Halle Berry. However, I truly feel for her daughter. She is the one that is going to be hurt the most by this.

    • kendra

      This whole “safer in France” stuff is odd to me..It seems like the only reason paps have an interest in Halle is because of the drama of her personal life..It’s not like she’s an A-list actress, eh?

    • realist

      And it’s funny how Halle has called the paps herself to get photos showing what a happy family she, Olivier and Nahla are all by themselves, and how much Oli just loves them both so much that he’d make a great dad so there’s no need for Gabe. Most women I know are accused of wanting child support to use on themselves, and it’s b.s., it’s usually not enough. So I’m not going to make the same assumption because a man asked for it. It is about the child and being able to provide equally for their benefit. She’s done nothing but drag the guy through the mud, and this is without a doubt Halle’s messed up plan. Olivier has no right to say a word or be involved. I think he’ll be partial to the one he’s sleeping with.

  • kendra

    Thanks for the shout-out! His face is really a thing of beauty! Or..Was.. :(

    As a single mom of a son who’s father has never wanted anything to do with him, it makes me sad to hear any parent trying to keep the other parent, who wants to be involved, away from the kid..I totally get wanting to keep your child away from anyone dangerous, but it just seems like there are ways around it..And..Excuse me, but Olivier showed that he’s just as violent, if not more, than Gabriel by the looks of the injuries..But the restraining order is to protect him, too? Oi vey..

    Halle just seems to be throwing accusations out there to get her way..I thought I read that everything she’s accused Gabriel of so far as been dismissed..I don’t want to think the worst of a fellow mom, but the whole thing is shady..I just can’t help it..

  • Steph

    Just to comment about the effects of parents on kids, research is getting into inter-parental violence (i.e. parents beating, yelling threatening each other and not the kid) and it has found that it has a profound effect on children and puts the children at a much higher risk of becoming violent themselves. If he is violent or aggressive towards others while around his child, I agree that he should be kept away from her. I know this is a gossip blog, but I think its important for everyone to be aware of what research is showing us when it comes to this stuff.

    • Shannon

      Steph, thanks for commenting. Actually, this is pretty much what I was saying in the following paragraph (after I wrote that emotional damage of some sort is practically inevitable in parenting)– that physical fighting in front of a child is really something different and all of the adults in the situation should be held accountable for exposing Nahla to this.

      But, IMO, it still gets very complicated when we start talking about parents who are violent and/or aggressive towards other people in front of their kids. I can think of a whoooooole lot of parents with anger issues who, by that reasoning, should be kept away from their kids. I ABSOLUTELY trust any research that says parents like that have a profound (and negative) impact on their children. But that’s my point– there’s ALL sorts of bad parenting that has a profound, negative impact on children. Do we remove all the children from all of the homes that have such an effect on them? And how do we determine how bad the effect is? There are parents who drink, parents who are self-absorbed, parents who are over-worked, parents who only see their kids on the weekend, parents who are clinically depressed (etc., etc.)– and I would argue that all of these things have profound, negative effects on children. And no– clinical depression shouldn’t necessarily be compared to beating people up– but my point is that HELLA people/parents have HELLA issues and sometimes it gets difficult to say which issues have the most devastating effects on children.

      I’m glad you brought this up; it’s such an interesting topic… but it’s very complicated!

    • karen

      I also wonder if the court couldn’t have mandated parenting or anger management classes for Gabriel if the original concern was that he had a temper that he displayed around Nahla. That would seem like a more constructive approach than simply barring him from seeing her. (I’m assuming he was not actually violent in front of her previously, which must be the case since he did have visitation rights or shared custody or something.) If nothing like that was mandated, it makes me wonder whether previously they were even able to show he had a temper (beyond what most people have). But I don’t know anything about family law, so I’m totally speculating.

    • Matthew

      The research is definitely interesting and it makes perfect sense that a child with violent parents has a higher likelihood of being violent themselves.

      That being said, the reason children from violent homes have a higher chance of becoming violent is because such behavior is seen and learned. And if violence is learned, then we not only have to make sure the parents are not violent, but we also have to make sure that the TV shows are not violent. We have to make sure that the friends at school are not violent. We have to make sure the world is not violent, which, as you know, is impossible because the world is inherently a violent place.

      So what can we do? Well, we do what everyone else does– the best we can. Provide the child with all the love and support we can offer. That includes the love of flawed and imperfect parents.

      So I agree with Shannon. The research, though accurate, should not be used against Gabe. If he truly loves his daughter, he should be able to be with her and support her.

  • karen

    I don’t know why, but I just don’t believe Halle and Olivier’s story. There are no independent witnesses here — they all have a stake in selling a story. Maybe Olivier provoked Gabriel, I don’t know. (Not that being provoked justifies throwing a punch.) That Gabriel is significantly more injured than Olivier indicates that the anger issues are not all on one side. I don’t know anything about any of these people, and normally I’d be supportive of a woman making the claims Halle has made…So it’s a little weird to me that I’m not! But I’m just not convinced that Halle’s personal desire to be with Olivier in France has not clouded her judgment regarding what’s best for Nahla. Not that I’m in any position to judge, of course…

    • Leah

      I totally agree… her credibility is very damaged to me… it seems like everything she has said and done has just been to get her way. And Gabriel started it and got arrested, but obviously got the worst of the beating? But needs to be restrained from contacting them and his daughter? Hmmm.

  • nicole

    well this move is about as shocking has the sky being blue. i really hope this blows up in her face.

  • Jay Jay

    As a big fan of Halle Berry this disappoints me to no end. I agree that it’s sad to see her working so hard to keep Gabriel away when he desperately wants to be in the child’s life. She waited this long to have a child so there obviously was something in Gabriel that she found worthy of having a child with him. This entire situation is just too convenient for Halle.

  • realist

    Why would a male model (Aubry) who makes a living with his face, and who just had the victory of keeping his daughter in the country, start a fight with a trained boxer (Olivier) knowing after all he’s gone through – being accused of saying racist slurs, abusing the nanny, etc – and in every single case it’s been proven Aubry did not do one thing she accused him of, ever. Halle has dragged every ex she’s ever had through the mud, claiming to be so happy in the relationship and then accusing them of cheating on her and abusing her. She’s done it often and very publicly. I find it sexist when people think Aubry is spending the child support money on himself, because that’s the same thing as accusing a woman of doing, and most women I know don’t get nearly enough (yes my mom was one). Remember when Halle pulled a hit and run when she slammed her SUV hard enough to break the other drivers bones, and then went home and claimed she didn’t remember? She is a mentally disturbed woman and soon enough her daughter will find that out for herself.

  • Ella

    I’m trying to understand why people who literally do not know Halle Berry other than what they have read of her think she is so selfish that she would put her own happiness above her daughter’s? Does she have a past of being a less than stellar girlfriend? Sure, maybe. Is it kind of cringe-worthy that she has this new guy in not only her but Nahla’s life? Yeah.

    I don’t follow Halle Berry in the press, but just because something looks “fishy” doesn’t mean your Nancy Drew senses are correct. Assuming this woman you don’t know is that selfish of a mother just seems kind of messed up to me.

    • @Ella — I totally agree. I’m not sure where this crazy hatred of Halle is coming from. I honestly don’t know who the “bad guy” is here but my guess is that there is enough bad behavior to go around … as is usually the case when break-ups get nasty. In any event, we the public don’t know what goes on behind closed doors so … I’m not willing to make judgements because I just don’t believe I have enough information to do so.

    • realist

      Maybe her past of lying. She’s had 2 hit and run accidents. She was at fault for both and fled the scene at both. The first in 1997, and she credits Eric Benet for helping her get over all the stress it caused her, but it changed her into a better person. So then she goes and does the exact same thing in 2002. Who the hell does that??

    • kendra

      True..None of us know her or anyone involved in the story personally..But we can form opinions by what we’ve read, right? And the fact is Halle wanted to take her kid out of the country to live, even though the father lives in this country..I doubt that Nahla was begging to move to France, and seeing how her man is from there, it makes sense that it IS for Halle’s happiness..I doubt the little one would be happy to be away from the father that fights to stay in her life..The excuse of the paparazzi is ridiculous..She’s not THAT famous..

      Bottom line is none of us know exactly what’s going on..The timing of this fight and the story that’s come out is suspect..People are going to form their own opinions whether they know all the facts or not..It’s what comes with the territory of being a “celeb”..

    • @kendra — Yes, but there has been a LOT of stuff to read. Gabriel reportedly was abusive, used racist language, etc. which makes it understandable why a mother would want to move as far away from that influence as possible. I’m not saying I believe the allegations against him but, as I said, there is a lot of stuff being said on both sides. I don’t fault people for forming their own opinions, after all, that’s pretty much what we all do right here every day. I’m just saying that I, personally, don’t know who to believe/side with so I side with neither.

    • kendra

      Totally hear you, Trent..I should have specified I was mainly responding to Ella..I think it’s great you’re holding off judgement..I’m a judgemental bitch so I have no problem with it.. ;) Plus, weren’t all of the claims Halle made against Gabriel found to be false? Maybe it was just the anger stuff..I don’t know..It’s a crappy situation all around..Sometimes I’m glad my baby daddy is a scumbag and has never been in our lives..At least I don’t have any added drama..Have enough of it from my teenage boy.. :)

    • Ella

      @Kendra-Like Trent said. I think there is a lot of bad behavior all around. I’m all for people having opinions, but I also think…One day Nahla is going to grow up and read everyone’s opinions about both her parents and the custody battle. It’s going to be hard enough being a child from a broken home.

      Yeah, Halle Berry is an A-list celebrity-she won a freaking Oscar-She’s not splashed annoyingly across tabloids like some “celebs” like Bravos Housewives are, but that doesn’t mean she isn’t getting followed by paparazzi either. Despite getting photographed being “part of the job” I always feel for the celebs who obviously hate it.

      I know separated people who fought for their children too. Wanna know why? $$$$ So I’m not really buying the he’s fighting so hard for his daughter excuse. Maybe we’re all just cynical. Despite some of those allegations being dropped, Halle may still feel it in Nahla’s best interest to not have Aubrey in her life as harsh as that seems. We don’t know.

      My personal opinion is that everyone in Nahla’s life needs to get their shizz together. Also, maybe Olivier thought he needed to talk to Aubrey as a ‘man,’ but unless he’s an impartial mediator he should should stay out of it.

    • realist

      Ella. Do you know that Halle has had not one, but TWO motor vehicle accidents that she caused and fled the scene? The first in 1997 and in an interview she talks about how Eric Benet helped her get through the trauma of it, and that she learned a lot and was a better person because of it? So much better, that she did the exact same thing in 2002? She is a selfish, sick, liar and she should lose custody of that child.

  • realist

    Sorry, the second hit and run was in 2000.