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Halle Berry Seeking Permanent Restraining Order Against Gabriel Aubry

Halle Berry will seek a restraining order against ex-boyfriend Gabriel Aubry after the Thanksgiving brawl that landed both Aubry and Berry’s fiancé Oliver Martinez in the emergency room. Aubry is the father of Berry’s 4-year-old daughter Nahla, and the pair are currently in the midst of a custody battle. The 37-year-old male model apparently instigated the altercation with Martinez Thursday morning at Berry’s Hollywood Hills home, and was arrested for investigation of battery. A court date was set for Dec. 13, following Audry’s release on $20,000 bail.

According to TMZ, Berry is planning to file a restraining order against Aubry, believing him to be a threat to her family’s safety. A judge has already issued an emergency order of protection, but anonymous sources say that the actress wants to extend the order forcing him to stay 100 yards away from her, Martinez and Nahla indefinitely. If not extended the emergency order will last until Tuesday.

Berry and Aubry recently participated in a custody hearing earlier in the month, but no final decision was made public. TMZ claims that the Nov. 9 hearing was focused on Berry’s desire to move with Nahla to Martinez’s native France, a request that was denied by the case judge.   She has been romantically linked to Martinez since 2010, and the couple announced their engagement earlier this year.

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