Halle Berry's ex-partner Gabriel Aubry has failed in his bid to overturn the restraining order imposed after his Thanksgiving fight with Olivier Martinez. The model – currently bound by a missive which requires him to stay 100 yards away from his daughter Nahla, her mother and Olivier – asked authorities to lift the ban, but judges rejected his request.
Now, the emergency protective order will remain effective until November 29. The initial expiry date had been December 3, but this was brought forward after a judge admitted there had been an administrative error in the case.
While Gabriel fights to see his daughter, it is thought his custody battle will continue to gain pace. According to reports, Halle is due to appear before a judge to try and extend her ex's temporary restraining order to a permanent one – a move that, if successful, will see the model lose contact with Nahla indefinitely.
The tense legal proceedings are the culmination of a doorstep altercation which took place after Gabriel and Olivier locked horns during a custodial handover at Halle Berry's Los Angeles home.
Although the Canadian, 36, was himself arrested for battery after Halle alerted authorities, his police statement gave his version of the circumstances which led to him being hospitalised with a broken rib and visceral injuries to his face and head – the extent of which can be seen in the file's accompanying pictures. His testimony seems to confirm speculation that the Thanksgiving altercation was related to Halle's wish to relocate their daughter Nahla to France, which is Olivier's homeland. A judge recently blocked the move.
In his court papers, Gabriel says his suspicions were aroused as he approached his ex-partner's LA mansion and saw Olivier – who isn't normally present for custody drop-offs – waiting to speak to him. He claims his daughter said, "Olivier is here. I'm scared." And after the child was taken inside, the French actor told him, "We need to talk". The missive continues: "All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground.
"He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot...it all happened so fast and so suddenly; I did not see Mr Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."
Referring to the intended move to France, Gabriel claims the Dark Tide star said: "You cost us $3 million (in court fees). When you see the judge, you're going to tell him you're going to Paris."
However, sources close to Halle Berry contest Gabriel's account of the drama, with one insider telling People: "This incident arose as a result of a fight initiated by Mr. Aubry when Nahla was delivered for Thanksgiving and Mr. Martinez attempted to have a discussion with him."
Gabriel is due in court on December 13, but in the meantime it is thought the custody tussle will continue in earnest as Halle bids to secure the permanent restraining order against her daughter's father.