Posted on Tue Nov 27, 2012 02:20 PM PDT
Gabriel Aubry was arrested after getting into a fist fight with Halle Berry's fiance Olivier Martinez on Thanksgiving, and despite the fact that Berry and Martinez filed a restraining order against Aubry, he's now going after them, and as of right now, it seems like the judge has his back.
Berry's lawyers appeared in court this morning for an emergency custody hearing, and while Radar reports that the judge ruled Aubry will be allowed to resume visitation with their daughter Nahla, apparently there was a clerical error with Berry and Martinez's restraining order, so their request for extension will be re-evaluated on Thursday, according to TMZ. Therefore, the judge hasn't yet lifted the order, but given that Aubry is the one with the black eye and a substantial amount of evidence that Martinez was the aggressor, this could be a major setback for Berry.
Additionally, Aubry reportedly requested that Martinez be prohibited from having any contact with Nahla, and he filed his own restraining order against Martinez on Monday. Police spent over an hour at Berry's house yesterday, and apparently they were there to obtain security footage, which was mentioned in the paperwork Aubry filed.
If the order against Gabriel is lifted and one is put in place against Martinez, this could change everything. Since Martinez is a French citizen, this could also affect his status in the United States. There were initial reports that Aubry might be deported back to Canada, but if it's Martinez who was in fact responsible for the brawl, he might be out of the picture when it comes to Halle and Nahla ... and out of the country.
Could this be the beginning of the end for Halle and Olivier's relationship?
Gabriel Aubry Allowed To Resume Visitation With Daughter Nahla After Emergency Custody Hearing - Nov 27, 2012
X17 EXCLUSIVE - Police Detectives Visit Halle Berry's House - Nov 26, 2012
Halle Berry And Olivier Martinez Set To Seek Extension Of Restraining Order Against Gabriel Aubry - Nov 26, 2012
X17 EXCLUSIVE - Halle Berry And Daughter Nahla Escorted By Armed Guards! - Nov 24, 2012
Halle Berry And Oliver Martinez Are Joined At The Hip - Nov 21, 2012