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.
by gmadianeNovember 25, 2012 at 8:44 AM
Smart thing for her to do
by TwinsFanMamaNovember 25, 2012 at 9:34 AMMaybe allowing her to move to France wouldn't be such a bad thing. Her daughter can always Skype with her dad....it'll probably be more "time" with her than he'll get if they stay here. Something tells me he's not going to be fond of supervised visitations.....
by sara_7106November 25, 2012 at 9:56 AMI thought she was being selfish before but maybe this man is really a concern of safety
by MamaMandeeNovember 25, 2012 at 12:55 PM
As I said in another post this will never end peacefully!
by BeachMommy07November 25, 2012 at 1:52 PM
This is so sad.. We have no idea what the argument was about but I'm sure both of the guys involved played a part. I know that Halle has been trying to keep her daughter away from him for a very long time which is just sad. He wasn't faithful to her, but she shouldn't make their daughter pay for that. Just my opinion. I don't think he would ever hurt his little girl, and I really think Halle should stop making things hard for her ex as well
by Due9November 25, 2012 at 7:22 PM
Wonder what started this thing?