Halle Berry Restraining Order: Actress Goes to Court After Thanksgiving Fight

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(Photo: Reuters/Fred Prouser)Actress Halle Berry and boyfriend Olivier Martinez arrive at the Carousel of Hope Ball in Beverly Hills, California October 23, 2010.

Halle Berry is seeking a restraining order extension against ex-husband Gabriel Aubry following a highly publicized fight between the actress' fiance Olivier Martinez and Aubry on Thanksgiving Day, according to reports.

The "X-Men" actress received an emergency order against Aubry over the weekend, which became effective immediately, according to TMZ.

However, 46 year old Berry is allegedly to appear in court early this week to argue for an extension of the emergency protection order placed on Aubry recently.

At the moment the emergency measure has ordered Aubry to ensure he remains at least 100 yards away from Berry, Martinez and her 4 year old daughter Nahla. However, that emergency measure is scheduled to expire on Tuesday and Berry wants the restraining order to be extended.

Berry has allegedly been shocked by the violence shown by her ex in front of their own daughter, according to TMZ, and that has sparked her recent moves before the court.

The Thanksgiving fight took place on Thursday morning when 37 year old Aubry was dropping Nahla off back to Berry's Hollywood Hills residence. Some reports have suggested that 46 year old Martinez came out and told Aubry that "we need to move on."

As tempers flared, Aubry allegedly swung a punch, hitting the French actor on the shoulder, according to the NY Daily News. Martinez then struck back, according to the publication, hitting Aubry on the face. Police arrived on the scene soon after, TMZ has said.

Aubry reportedly suffered a broken rib and contusions to his face and was taken to Cedars-Sinai Medical Center for treatment and a check up. Martinez was also given a check up by medical professionals following the fight.

According to TMZ, Aubry was later taken to a downtown LA jail, and was finally let out on $20,000 bail. He must appear in court on Dec. 13 on charges of a misdemeanor battery, according to the NY Daily News.

It has been reported that tensions have been high between Berry and her ex-husband recently as she had filed with a court for permission to move with Nahla to France, saying that she feared for her daughter's safety being chased by paparazzi in Los Angeles. However, that request was denied by a judge recently.