Oscar-winning actress Halle Berry is seeking a restraining order against former boyfriend Gabriel Aubry following a brawl on Thanksgiving between Aubry and Berry's current fiance, Olivier Martinez.

After the fight last week, a judge issued an emergency - and temporary - order of protection, which requires Aubry to stay at least 100 yards away from Berry, Martinez or Nahla, the daughter Berry and Aubry had together. But that order expires on Tuesday, Nov. 27, and Berry is petitioning to extend the protection for an indenfinite length of time, according to a new report from TMZ.

"Halle's argument is pretty simple -- if Gabriel can't control himself enough to protect Nahla from emotional trauma, it's too risky for him to be around the child, Halle, or her fiance ... with whom he clearly has beef," TMZ reported.

Berry's previous court testimony backs up her need for a more permanent restraining order.

"Halle has firepower behind the argument, because we know Halle's lawyers argued before the same judge on previous occasions that Gabriel's temper was uncontrollable," the report said.

TMZ also reported details of the scuffle immediately following the incident, including the information that it was Aubry who struck first.

"According to witnesses, Gabriel then pushed Olivier and threw a punch at his face, but Olivier blocked it and the punch struck him in the shoulder instead. We're told Gabriel then pushed Olivier to the ground, and Olivier cold-cocked him in the face, and a struggle ensued, ending with Olivier pinning Gabriel to the ground," TMZ reported. "In the struggle, Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury.

"Olivier may have broken his hand and suffered neck injuries as well. There are conflicting accounts as to whether Gabriel was rendered unconscious in the fight."

Since Aubry threw the first punch, he was arrested following the fight. He was released from custody late Thursday evening after bail bondsman David Perez of David Perez Bail Bonds paid the $20,000 bail needed to get Aubry out of jail.

Tags
Halle Berry, Gabriel aubry, Olivier Martinez