London, November 26 (ANI): Halle Berry, who's ex got into a fistfight with her new lover over this Thanksgiving weekend, will be taking Gabriel Aubry to court again to make the restraining order permanent, it has been revealed.
As a result of the fight, the actress and Olivier Martinez got an emergency protective order against Aubrey.
A judge granted the temporary order, which stated that the Canadian model is currently not allowed to come within 100 yards of the couple and his four-year-old daughter with the actress, Nahla.
According to TMZ, the emergency protective order is said to be lifted on Tuesday but now the former Bond girl will be taking her ex to court again to make the restraining order permanent.
If the request is granted by the court Gabriel will not be allowed near his daughter for an undetermined period of time.
"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," the Daily Mail quoted a source as telling TMZ.
The psychical fight occurred after Aubry showed up at the couple's house on Thanksgiving and got into an argument with Martinez.
After Martinez reportedly told Aubry "We have to move on", the Canadian model is said to have retaliated and pushed the French actor and tried to punch him before a full blown fight broke out.
Aubry was charged with battery and taken into custody upon his discharge from hospital at around 3.30pm on Thursday - where he was treated for a broken rib and bruises to the face.
He was later released on 20,000-dollar bail, after which the emergency restraining order was granted to the Oscar-winning actress, her fiance and her daughter. (ANI)