Black Eye Don’t Care: Gabriel Aubry Heads To Family Court To Have Restraining Order Lifted

November 27, 2012  |  

Source: WENN

Yesterday we reported that as a result of the nasty Thanksgiving Day brawl that went down at Halle Berry’s house between her fiance Oliver Martinez and the father of her child, Gabriel Aubry, the actress was granted a temporary restraining order by a family court judge, which prohibited Gabriel from coming within 100 feet of her, Nahla, and Oliver. The temporary restraining order expires today and news has been circulating that Halle and her team of lawyers would be seeking to make this restraining order permanent. We knew that Gabriel wouldn’t take something like that sitting down considering the fact that this would ultimately prohibit him from seeing his daughter and now TMZ is reporting that Aubry will be heading to family court to plead with the judge to lift the protective order so that he will be able to see Nahla.

It is being said that his lawyers will be using the defense that Oliver is actually the one who initiated the fight and that he is responsible for severely injuring Gabriel. Extremely graphic photos of Gabriel’s facial injuries have been released, which could certainly assist in that defense tactic as they depict an obviously battered Aubry. Sources are even sharing that Oliver proceeded to pound Gabriel’s head against the concrete and even threatened to kill him. In addition to the photo, it has been revealed that Gabriel has also obtained a restraining order against Oliver.

I’m not sure what Oliver’s face looked like following the altercation, but if this pic is accurate, it certainly looks like he put the beats on Gabriel and came out completely unscathed.  Some are wondering if Los Angeles Police arrested the wrong person, while others believe that Gabriel jumped to fight the wrong person and got exactly what he was looking for. Since we were not there, it is difficult to call what actually went down on that fateful day in Halle’s driveway, but we hope these two adults can put on their parenting caps and reach a agreement that will be beneficial to their child as opposed to their own selfish attempts at harming each other.

Do you believe it is fair for Halle to keep Gabriel away for his daughter as a result of this incident?

Jazmine Denise is a writer living in New York. Follow her on Twitter @jazminedenise

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  • Mztisa

    Question of the day… is 1Val Halle Berry?!?!? Sure as hell riding hard like she is lol! No shade though…

  • scandalous7

    Did yal see the picture of Gabriel’s face..did yal see it. Oliver is a beast. But um sad for the baby

  • Oliver is crazy… and hot. Really though, don’t let your new boo get involved in a disagreement between you and the child’s other parent. Leads to drama.

  • kahlijr

    Yeah Halle is wrong for trying to keep the kid’s father from her. Doesn’t sound like he’s anything less than a good dad so she needs to fall back and stop being selfish. U knew that u were binding urself to this man forever when u decided to conceive a child with him so stop actin all brand new like just cuz y’all aren’t together anymore he should just move on and not try to be a father to his kid. He loves nahla like Halle does do she needs to quit trying to deny him. The kid is the one who loses in the end….

  • TeahMonae

    Personally, I think Halle should have just gotten artificially inseminated by an anonymous
    s p e r m donor. She wanted a baby and its obvious she just used Gabriel to get what she wanted. She never really wanted him involved and thought she could give him enough money to keep him away. Didn’t she offer him a couple million dollars to sign away his parental rights so she could run off to France with her new man? Her plan backfired when he wanted to be active in his daughter’s life and refused to be bought off. She set herself up and now needs to accept the fact that this man will be around and is not going to be bought off or give up without a fight. The sad part is one day all Nahla will have to do is google her mom’s name and all this will come up for her to read. At least she’ll know her dad fought to be in her life.

  • Shirley

    Halle should never have let Oliver greet Gabriel to hand over Nahla. Where was she and what was she thinking? She was not using common sense, since she probably knew there was animosity between the two. I’m really beginning to feel that Halle needs some sort of counseling.

  • shelshel

    I hope Gab wins! I love to see a man passionate about his children.

    • 1Val

      If we had more single black millionairess mothers their children’s fathers would passionate about those children also. Gab is an unemployed bum living off Halle’s dime. If Gabriel wants to be daddy of the year and WORKS without child support from Halle I would believe his hype.

      • JaneDoe

        And you know what his bank statements read.. You seem pretty invested in Gabe’s court awarded child support order as if you wouldn’t be interested in support if you were in his situation. Get a grip. If it wasn’t feasible the judge would not have put the order in. That man loves his child and thats why he didn’t accept Halle’s millions to walk away from his child

        • 1Val

          As if you know what his bank statements read. If Gabriel’s bank accounts were loaded courts would not have ordered substantial amount from Halle to upgrade Gabriel’s lifestyle so their daughter could have same lifestyle with her father she is accustomed to with her mother. If he could have afforded same lifestyle judge would not have order child support amount. So you get a grip. The man loves his shiftless self and why he did not accept Halle’s offer to walk away since it is far more profitable for Gabriel to receive child support based on Halle’s potential income which courts can increase child support payments as Halle earns more than settle for a fixed amount now.

  • StephLuv

    I blame Halle for this mess. You and the nanny are the only people who should be there when the kid is dropped off by her daddy. If she keeps having to get in front of the judge over foolishness, the courts will be looking at her funny. Ask Tameka ask Britney I mean really.

  • timewillheal

    Gabriel shouldn’t lose his vistation, with his daugther. Oliver shouldn’t have approach Gabriel, not once but twice. Oliver should have been charge with felony assualt. If his name isn’t on the custody agreement, he has no right, handling the exchange of the daugther when she return, from a visit with her father. I believe they arrest Gab, because of Halle. If Halle can’t control her boyfriend, then I believe the judge should award Gab, primary custody of the daugther. I believe this just happen with Ushers. His wife lost custody, because of her behavior. If you are given primary custody, you can lose it if you make it diffcult, for the other. If Gab is being harrass by Oliver, when he returns the daugther, Hall could very well lose custody.

    • JaneDoe

      Yes.. I was thinking the same thing that this might very well back fire on her. According to Gabe Oliver was pissed at the amount of money that they spend on the custody battle already and demanded he moved to France so they can move on with their lives. Oliver needs to put some thoughts into him and Halle’s relationship bc this is a mess. I am sur ethe judge who awarded Gabe the child support and visitation rights in this case isn’t dumb, blind, or deaf.

  • IvyNoLeague

    Despite everything that’s going on you can’t do nothing but respect a man that will fight for his child. Some men would just had let the courts take them a away from their child. Halle is being absurd and bitter and i won’t be surprised if she set this thing up. She been trying to leave the country for a minute and trying to take nahla away from her dad. Halle needs to think about her daughter, i hope the judge don’t do the right thing and i pray these two can work together.

    • beck0974

      Isn’t he a model and runs a restaurant in California. Those ARE jobs, right? He doesn’t make as much as Halle, as he’s not an actor, but he is working.

      • 1Val

        Gabriel’s primary occupation is gold digger. He is unable to afford luxurious lifestyle without child support income from Halle. Fatherhood is extremely profitable for him.

        • beck0974

          Right, and she could have cleared all that up by using some birth control. They did date for five years. She had NO problem with him being a model and making less than her (one of the highest paid male models, mind you), when they were together. All of sudden, he’s a gold digger. The funny thing is: if the roles were reversed, you’d applaud the woman for getting her money (for her kid, of course). What’s worse, the current dude isn’t as well off as she is. Olivier Martinez doesn’t make nearly as much money as Halle. But, that’s all good, huh??

        • JaneDoe

          Wow, I hope you know him personally

          • 1Val

            And I’m sure you know him personally to defend him.

    • L-Boogie

      I like your name.

    • inessa

      I hope you also have more respect for women who fight to be in their children lives(Tameka, Pilar) and don’t work

      • 1Val

        This isn’t about parenting it is about money.

    • Mztisa

      No matter what anybody says every little girl need a father figure in her life and who better than the man who is responsible for being here. Halle is a hot HOT mess and needs to have several seats! Its been proven that she has terrible taste in men but at the end of the day all that needs to be put aside so that her daughter is #1! The only reason she wants to move to France is to be with her fiance. They’ll be divorced sooner or later so why keep your child from her father for some dude that wont be around for long anyway. Having kids ties mommy and daddy together for better or worse so all the drama only makes situation unbearable for poor baby girl cause her parents are both acting like asses! Both of them have been wrong at one point or the other but Halle’s fiance needs to stay out of the situation. He just mad that Halle spent $3 mil to try to take Nahla to France and came up short! Courts dont always get it right but its a sigh that Gabriel is clearly tryna be there for his daughter and thats honorable given all of Halle’s crazy!

      • 1Val

        No matter what you say every little girl does not need exposure to violent, shiftless, living off men even if it her father. Gabriel was court ordered to take anger management classes for assaulting daughter’s nanny. Now he has engaged in brawl at child’s mother home with his daughter present. He is not father of the year material.
        Gabriel is just as dysfunctional as Halle. He is a violent emasculated man living off a woman’s income. Are fathers supposed to teach their daughters that men should allow women to take care of them? Are fathers suppose to teach their daughters it is acceptable behavior to go a woman’s home and start fistfight?Is a father supposed to teach his daughter it is okay to not have his own but go to court to sue woman for legal fees and child support that he has partial custody of to upgrade his lifestyle?
        Halle’s decision to move to France is hers. If Gabriel who speaks French, works as a model hen he works could relocate to France if he choose to do so. Olivier is not a good fit because he like Gabriel is a parasite consumed by his agenda using Halle for her status and wealth. Olivier and Gabriel were fighting over access to Halle’s cash not love for Halle or Nahla. Gabriel is there for himself to line his pockets nothing noble about him being a gold digging shiftless man using his daughter as a meal ticket to live off an emotionally damaged woman’s income.

        • Sunshynegyrl

          OMG….Halle’s labia is now asking you to exit the area. Your rants are ridiculous…

          • Mztisa

            OMG yes!!! Hahaha

        • Mztisa

          Lol um ok! If Halle wants to move to france the decision is not hers because she has a child that has two parents! Both parents have custody of the child so unless a court says otherwise (which they didnt!) she cant just haul her child off wherever the hell she pleases. If she didnt want those problems she should took a birth control pill!!!

          If it was Halle tryna get money instead of Gabriel this wouldn’t have been an issue. Either way it doesnt matter to me as long is the child is well cared for and has access to BOTH her parents if she so pleases.

  • Cleo

    I kinda feel bad for him, he got himself into a mess of a relationship with a mess of a woman. I hope everything works out tho, I can’t even imagine how this is affecting nahla.

  • Mrs. A

    They need to resolve this mess because that precious child deserves better than this.. I know it is frustrating having to share a child when you can’t stand each others guts,but neither is going away.Halle is my girl but when it comes to relationships with men it always seems to end disastrous SMH… Her picker is way offff!!

    • realadulttalk

      I don’t think it’s her picker–I think it’s her. Period. Can’t be everyone else–at some point it has to be her. Issues with Oliver-starring Halle Berry premiers in 2013.

  • I hope God doesn’t take this baby away from these two. All this animosity has to be taking a toll on poor Nahla. Sadly, they’re not the only ones. Money can’t buy happiness and no amount is worth a heartbroken child.

  • MLS2698

    This just in: A-list star’s BABY DADDY gets into hood-like fight with the New BOO! Precious little girl caught in the middle.

    • Watwr

      Halle needs to parent child with her dad. Stop looking for a dad for your child. She will always love her real dad. Build a respectful relationship with new boo, and don’t strip dad of his rights. Not worth it.

    • realadulttalk

      A list??? Lmao…so this happenened again? Halle is B-list at best.