Gabriel Aubry Loses Court Appeal Barring Him From Seeing Daughter, Nahla

After the Thanksgiving Day brawl, Halle Berry's ex fails to have the restraining order lifted prohibiting him from seeing his 4-year-old

There is little love lost between Halle Berry and the father of her daughter Nahla, Gabriel Aubry. That relationship took a turn for the worst when Aubry and Berry's fiance Olivier Martinez got into a brutal fight on Thanksgiving Day when Aubry was dropping off Nahla at Berry's home. Berry has since filed a restraining order on Aubry and Aubry filed a restraining order on Martinez, but it is now looking like no one involved will face criminal charges.

Martinez reportedly made a citizen's arrest against Aubry following the fight on Nov. 22, and Aubry was booked for battery. But TMZ is now reporting that it's "highly unlikely" Aubry will face any criminal charges because the fight has been deemed "mutual combat." Aubry blamed Martinez for starting the incident in his court documents, while Berry placed the blame on Aubry.

Aubry headed to court yesterday to try to get a judge to overturn the restraining order Berry placed against him that prevents him from coming within 100 yards of her, Martinez or Nahla. The judge denied Aubry's claim to get rid of the order, which expires tomorrow. Still, Berry could return to court and file a new one, and it's been reported that she's looking to come up with a more permanent restraint against Aubry.

Berry and Aubry split up at the end of 2010 after dating for five years and were locked in a nasty custody battle for a while after. Berry is required to pay Aubry $20,000 a month in child support and was denied her request to move Nahla to Paris with Martinez unless Aubry moved to France as well. It was recently revealed by Extra that court documents refer to Berry as Aubry's "ex-wife," so the couple might have been married at one point.

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