Gabriel Aubry’s Appeal Denied, Still Cannot See Nahla

After being badly beaten on Thanksgiving Day, Gabriel Aubry has just taken another blow. According to TMZ, a Los Angeles judge has denied his appeal to have the restraining order removed — which means he still cannot see his 4-year-old daughter Nahla.

Following the brutal brawl with ex-girlfriend Halle Berry‘s fiance Olivier Martinez at the actress’ California home, the male model, 37, pled with a family court judge on Tuesday (November 27) to lift a restraining order which keeps him at least 100 yards away from Berry, Martinez and his daughter.

But the judge denied Aubry’s request.

Although, due to a clerical error, the emergency order against Aubry will be lifted on Thursday (November 29) rather than the original later date of December 3. In order to extend the ban, Berry must file another request in court.

Both men were injured after Aubry dropped off his daughter for the holiday. Martinez, a former boxer, broke his right hand, while Aubry walked away with several facial injuries.

Aubry is claiming that he is the victim in the violent attack, saying that Martinez threatened to kill him before the fight came to blows.

This is the latest twist in the ongoing fight between the exes. During their custody battle over Nahla, there have been allegations of abuse, a custody evaluation report, and child support payment court orders.

Filed under: Gabriel Aubry,Halle Berry,Nahla Aubry

Photo credit: AKM-GSI

  • SMH

    Shouldnt Olivier have to stay away too? He beat the crap out of someone ….his future step daughters father!!! He doesnt seem quite stable enough either to be in the presence of a child!! Btw have fun explaining all this to Nahla someday!! I think Halle got exactly what she wanted.

    • DIetra

      I agree…I find it hard to believe that this man can’t contact his own child. On the other hand, I wouldn’t want my child to see me all bruised and battered either. But, Olivier shouldn’t be anywhere near Nahla, he seems to have issues. And regardless of who started the fight, being a boxer, he should have just walked away.

      • NYC Mommy

        Dietra- you are very correct. My husband is a professional boxer and if he gets in a street fight he would be charged with assault with deadly weapons (his hands). Once you are registered with US Boxing Association you are notified of this.

        • DIetra

          Exactly, so I hope he is charged with assault. He knows better and should have had better judgement. I understand defending yourself, but as a boxer, you already have the upper hand (no pun intended).

    • Colleen

      I too don’t understand why Aubrey hasn’t filed a restraining order against Olivier? He beat the crap out of Aubrey. Something is fishy about this whole case.

      • good grief

        I’m pretty sure he has one.

    • Mummy to squealers

      How did Halle get what she wanted? And how do you know what she wanted?

    • wtf

      Exactly!! If Gabriel cannot see his own daughter after what Olivier pulled, then there is no way Oliver should be any where near her either! Or Halle for that matter.

    • NYC Mommy

      I totally agree if police/court found it to be mutual combat then both Gabriel and Oliver should have restraining order to stay away from the child. The whole thing is strange.
      I also read that Gabriel is the one pushing for security tapes to be reviewed by police before Halle and Oliver delete them. So either he is delusional OR (the more likely) he believes evidence on the security footage will show he did NOT start the fight.

      • I read that due to Halle’s stalker it had been advised that the security cameras point to the fence area in case the stalker came back. Due to the placement of the cameras they did not catch the fight which was in the driveway/front of house.

        • NYC Mommy

          ntm76- I just read that ONE camera from stalking case was positioned on driveway and now Gabriel’s people are questioning why all others were left but this one was suddenly repositioned… like sand through the hourglass… so go the days of our lives….

  • Wednesday

    I agree! it is Olivier who should not have access to Gabriel’s child not the natural father. Olivier is a violent man capable of killing someone.

    • Anonymous

      Yet, according to the police, Aubry is the one who started the fight, not Olivier.

  • Anonymous

    There is just so much judgment on a situation we really know nothing about. Only what the media reports.

  • eliz

    after seeing the pix it’s obvious G lost the fight so i can’t help but feel he walked right into a set trap.. it’s pretty clear Halle, while trying to protect her daughter, is acting extremely vindictive… I feel bad for Gabriel- esp after reading the article on, a usually trust worthy source

  • The fact that Halle suffered domestic abuse at the hands of her ex husband Dave Justice, causing her to even lose partial hearing in one ear, it amazes me that she possibly was part of a set up to get Gabriel deported/ lose Nahla / allow her to move to France. I guess violence is fine when it benefits her agenda.

    i am not trying to play judge and jury but if the rumors are true that Gabriel was baited/set up to fight I will definitely see Halle in a new light. She tries to play innocent victim claiming that a move is in the best interest of her child but in fact she is the one who draws the paparazzi to herself. There are plenty of A list stars that are able to lead quiet lives and keep their children out of the spotlight.

    • Anonymous

      I heard that she was born a man and wants to go back to being one. That’s why she wants to go to France.

      (See how easy it is to start rumors?)

  • Luuuluuu

    It’s amazing that none of you guys seem capable of considering that Gabriel could’ve possibly set this whole situation up to further HIS custody and MONITARY arrangements! Just what about this pathetic situation has benefited Halle… ANY way? Temporary visitation loss for Gabe would NOT so much to help the situation. I don’t think that she wants to prevent him from seeing her daughter….., if I’m not mistaken, didn’t she offer to pay for Gabe relocation to France, where he a MODEL would be even closer to his industry than L.A. is? Why would she make such an offer if she didn’t want him to see Nahla? And when does he ever WORK? Models usually travel the world, he never seems to leave L.A.!

    And I don’t buy the “Olivier whispered a death threat in his ear” at Nahla’s school program the day before his beat down… story. Come on! So Gabe just stood there, listened, then did and said nothing about it to OM, HB, his LAWYER, the press, or the POLICE! That would’ve been a windfall for his case against HG & OM! So he just shrugged it off, and dropped Nahla off the next morning as usual.

    I don’t think that either of them are horrible people, I’m just saying that we don’t know what kind of person Gabriel Aubry really is. He just may be the instigator in most of this. He did come from a very troubled back ground himself. And he has documented anger/violence related issues. I really do hope there’s a video of what REALLY happened….. then we’ll know for sure.

    If it turns out that Gabe is the trouble maker, I truely hope that all of you knee-jerk, Halle-haters will apologize, admit your rushes to judgement, and your inherent racial bias.

    • carrie7

      Since you are the 1st commenter to bring up ANYTHING in regard to the color a person is, it is obvious who see things through with racial bias.
      This is all about Halles selfish & vindictive CHARACTER. Poor Nahla.

      • Luuuluuu

        @ carrie7,,,,perpertrators of racial and other biases are rarely aware of their tendency toward biased behaviors. I’m not a racially biased person….., I just recognize those that are when I read their biased comments.

        • NYC Mommy

          LuuuLuuu- most of comments regarding this article do NOT mention Halle at all just two men involved. where is racial bias in that?

          Updated news- Judge will allow Gabriel to resume his visitations.

          • Luuuluuu

            @NYC Mommy……. W R O N G
            Gabriel NOT allowed to see daughter…. just yet. But hopefully (if he’s mentally stable enough) soon.

            Did you here the latest? Evidance determines that >>>>Gabriel Aubry<<<< was the agressor. Not Olivier. Why is everyone so mad at Olivier, yes maybe he should've went easier on Gabe, seeing as how he's clearly a lover and not a fighter. Gabe shouldn't have tried to write a check that his butt couldn't cash.

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