Halle Berry Custody

Gabriel Aubry and Halle Berry have reached a truce in their war over that Thanksgiving Day blowout between Gabriel and Olivier Martinez -- and their lawyers announced the peace accord with the simplest possible statement.

Halle's attorney Blair Berk just walked into the hallway outside court, and held up a piece of paper with this handwritten message: "The parties have reached an amicable agreement. There will be no further statements regarding this matter."

The statement came from Berk and Shawn Holley, Gabriel's attorney.

As TMZ first reported ... both sides were working hard to hammer out an agreement, and went into court today to present their terms to the judge.

There are strong signs ... Gabriel Aubry, Halle Berry and Olivier Martinez have called a truce in their Thanksgiving Day war ... TMZ has learned.

The big, big guns just showed up in family court ... Blair Berk, who reps Halle, and Shawn Holley, who reps Gabriel. Sources familiar with the situation tell TMZ ... Berk, Holley and other lawyers spent hours yesterday trying to resolve the differences that led to the explosion of anger in Halle's driveway.

Berk and Holley straddle both areas of the law -- criminal and family -- and them showing up together is a sign they may have reached a peace accord. We're told Halle and Olivier will not be present in court, so it's highly unlikely either side is asking for an extension of a restraining order since the key witnesses are not there to testify. Gabriel just showed up wearing sunglasses.

It would appear the lawyers will talk to the judge about the terms of a settlement.

Halle Berry has VERY quietly listed her Hollywood Hills mansion for $15 million ... the same home where Gabriel Aubry and Olivier Martinez faced off in a violent Thanksgiving Day showdown ... TMZ has learned.

Multiple real estate sources familiar with the deal tell TMZ ... a few weeks back Halle gave a prominent realtor a pocket listing -- a fancy term for property that isn't advertised. The broker -- Billy Rose with the high-end company, The Agency, has history with the house. He owned it a decade ago, renovated it and then sold it to actor Frankie Muniz, who sold it to Halle several years later.

Sources tell TMZ ... Rose has quietly put out feelers to other realtors and potential buyers ... with some success. We're told last week Halle got an $11 million offer, but she's holding out for more.

In case you're in the market, it's a 5-bedroom, 5,900 sq. ft. Tuscan-style estate, with a huge backyard, a 1,400 sq. ft. guest house ... an awesome pool and spa ... fireplaces galore ... incredible landscaping ... and oh yeah, a motor court -- where Gabriel and Olivier settled their score.

Although it appears no criminal charges will be filed against Gabriel Aubry in the Thanksgiving Day massacre of his face at Halle Berry's house ... cops on the scene concluded he was the instigator ... TMZ has learned.

According to the police report, after interviewing Gabriel, Olivier Martinez and Halle, ​the investigating officer concluded, "Suspect [Gabriel] arrived at victim's [Olivier] residence for child custody exchange. Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead. Victim returned with 3 punches to the suspect's head, causing him to fall to the ground. Victim's fiance [Halle] notified police."

It's interesting ... Olivier and Gabriel each claimed they said nothing to incite the other, but the report concludes both were smack talking.

According to the conclusions in the police report, Olivier acted in self defense: "Victim defended himself and punched the suspect."

And law enforcement sources tell TMZ ... Gabriel never told police about the alleged death threats made by Olivier both the day before and during the fight ... threats he later claimed were made by Halle's fiance. What's more, cops contacted Gabriel after the fight and asked if he had more info, and he passed. There was no mention of death threats.

Halle Berry is NOT Gabriel Aubry's ex-wife, despite multiple references made in legal docs filed by Gabriel's attorneys ... TMZ has learned.

Gabriel's lawyers filed a petition for a restraining order against Olivier Martinez. In the docs, there are multiple references to Halle as Gabriel's "ex-wife."

Sources involved in Gabriel's case tell TMZ ... it was simply an error -- Gabriel and Halle were never married.

One other loose end on the fight front. We reported earlier today it is highly unlikely Gabriel will be prosecuted for battery. Aside from law enforcement's view that it was "mutual combat" between Gabriel and Olivier, another thing in Gabriel's favor is that the moment police arrived, Gabriel repeatedly asked cops to check the video. The upshot -- he had nothing to hide and wanted them to see how the fight started.

Gabriel Aubry almost certainly will NOT face criminal prosecution for the violent Thanksgiving Day brawl at Halle Berry's home ... law enforcement sources tell TMZ.

As you know ... Olivier Martinez made a citizen's arrest against Gabriel and he was booked for battery. We've learned the case will be sent to the L.A. City Attorney's Office Thursday, but cops will not make a recommendation as to whether Gabriel should be prosecuted.

Law enforcement sources connected to the case tell us ... the consensus is that the fight was "mutual combat." As such, we're told it's "highly unlikely" charges will be filed.

Gabriel was not as lucky on the restraining order front. As we first reported, he got shut down in court yesterday when he asked a judge to lift the order prohibiting him from going near Nahla. The restraining order expires tomorrow, but Halle could go back to court and request a new one.

There is no video surveillance footage of the violent Thanksgiving Day showdown between Gabriel Aubry and Halle Berry's fiance Olivier Martinez -- and it's all because of Halle's old stalker.

Law enforcement sources tell TMZ, when detectives visited Halle's home last year to investigate a scary stalker situation, they advised her to re-position her home security cameras to face the fences surrounding the property ... in order to catch a possible intruder.

Halle obliged ... and the cameras have remained facing the fences ever since ... and could not have captured the front door area of the home where the fight between Halle's past and present men took place.

Law enforcement sources tell TMZ, detectives have reviewed the available footage -- shot at the time of last week's brawl -- and confirmed the fight went down outside of the cameras' field of vision.

Gabriel Aubry took another lump in his war with Halle Berry today ... a judge just rejected his bid to have the restraining order removed ... which means he still can't visit with his daughter Nahla.

Gabriel had gone back to court today to ask the judge to lift the emergency restraining order that was issued against him on the day he got beat up by Halle's fiance Olivier Martinez.

Initially, the restraining order was supposed to stay in place until Dec. 3 ... but today, the judge acknowledged there was a clerical error ... and the order can only stay in effect until Thursday Nov. 29.

The order prohibits Gabriel from going within 100 yards of Nahla, Olivier or Halle.

Gabriel wanted the order to end TODAY -- but the judge shut him down.

Halle Berry's fiance Olivier Martinez is on the mend after his brutal fight with Gabriel Aubry on Thanksgiving -- dropping by an L.A. hospital today ... and getting his injured punching hand wrapped in a brace.

As we first reported, Olivier got the better of Gabriel during the fight -- suffering relatively minor injuries in comparison to Gabriel's brutalized face.

An emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla -- but Gabriel's rushing to court today to get it lifted.

Gabriel Aubry is rushing to family court today ... asking a judge to lift the order prohibiting him from seeing his daughter in the wake of the Thanksgiving day beatdown ... TMZ has learned.

TMZ broke the story ... after Gabriel was arrested for battery ... a judge issued an emergency protective order blocking Gabriel from coming within 100 yards of Halle Berry, Nahla and Olivier Martinez.

We're told Gabriel's lawyers will argue Olivier instigated the fight, beating the model to a pulp in Halle's motor court and even repeatedly slamming his head on the concrete.

We're told Halle's lawyers will be in court this morning to oppose Gabriel's motion ... and Halle may show.

Gabriel obtained a restraining order Monday against Olivier.

Gabriel Aubry has obtained a restraining order against Halle Berry's fiance Olivier Martinez, who busted Gabriel's face during a brutal brawl on Thanksgiving ... and Gabriel's declaration (which includes graphic photos of his injuries) paints a radically different picture of what went down at Halle's on Thursday.

According to Gabriel's declaration, filed by his lawyer Shawn Holley, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel and whispered in his ear in French, "I wish I could beat the s**t out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

The next day, Gabriel says he took Nahla to Halle's at around 10 AM. He says in a completely unusual move, Olivier came out of the front door -- usually the nanny was the go-between. Gabriel claims Olivier said, "We need to talk." Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle's failed move to take Nahla to Paris).

Gabriel says Olivier took his head in his hand and slammed it on the concrete driveway.

According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.

Gabriel claims Olivier then said, "We called the cops," and that when they show up, "you're going to tell them that you're the one who attacked me, or I'm going to kill you."

Law enforcement sources tell TMZ ... Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight.

Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.

Sources on Halle's side claim it was Gabriel who flew off the handle and started the fight.

As TMZ first reported, an emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla. We're told Halle's lawyers will go to court this week in an attempt to have the order extended.

3:50 PM PT -- Moments ago, Olivier arrived to Cedars-Sinai Medical Center in Los Angeles to get his hand checked out (picture below).

Halle Berry is taking no chances ... she's going to court early this week for a restraining order against Gabriel Aubry after the blowout fight Thanksgiving day ... TMZ has learned.

Sources familiar with the situation tell TMZ Halle and her lawyers are alarmed that Gabriel allegedly started the fight with Olivier Martinez right in front of 4-year-old Nahla. Although a judge issued an emergency order of protection -- requiring Gabriel to stay 100 yards away from Halle, Nahla and Olivier -- that order expires Tuesday.

We're told Halle's lawyers will be in family court asking a judge to extend that protection for an indefinite period of time.

TMZ broke the story ... the bloody fight landed both Gabriel and Olivier in the same hospital ER. Gabriel was arrested and could be charged with criminal battery.

Sources tell us ... 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.

It's pretty clear who got the worst of the brutal Thanksgiving Day fight outside Halle Berry's house -- Gabriel Aubry is a swollen, bruised mess after Halle's fiance Olivier Martinez rocked him in the face.

Gabriel was photographed Friday in L.A., a day after his violent showdown with Olivier put him in the hospital with a broken rib and serious face contusions -- including one NASTY swollen shiner.

Olivier clearly got the better of the fight, but still screwed up his hand and his neck.

TMZ broke the story ... Gabriel was arrested for battery after allegedly attacking Olivier at Halle's house.

After Gabriel allegedly pushed and struck Olivier in the shoulder, Halle's fiance cold-cocked her baby daddy in the face. There are conflicting accounts as to whether Gabriel was rendered unconscious.

Halle Berry is taking the Thanksgiving fracas that went down at her house VERY seriously -- she's now rolling with a security guard who is packing heat.

Halle was spotted at her West Hollywood home yesterday, accompanied by an armed security guard.

One day after a mildly eventful Thanksgiving at home, Halle Berry took her daughter Nahla to see Yo Gabba Gabba at the Nokia Theater in Downtown L.A.

As TMZ first reported, Gabriel Aubry (Halle's baby daddy) was arrested Thanksgiving morning after a melee at Halle's house, which sent both Gabriel and Halle's fiance, Olivier Martinez, to the hospital.

6:33 PM PT -- Gabriel has been released from custody.

5:55 PM PT -- Gabriel has been booked for misdemeanor battery. According to his booking sheet, he's listed as 6'2" and 180 pounds. He's still in custody and his bail has been set at $20,000.

5:30 PM PT -- Sources tell TMZ ... when Gabriel and Olivier started going at it, Halle rushed Nahla inside the house so she missed the brutality.

3:35 PM PT -- Gabriel has been released from the hospital and is currently at an L.A. jail where he is being booked. Olivier has also left the hospital and has returned to Halle's home.

Gabriel Aubry was arrested Thanksgiving morning after a melee at Halle Berry's house, which sent both Gabriel and Halle's fiance Olivier Martinez to the hospital ... TMZ has learned.

Law enforcement sources tell TMZ ... Gabriel showed up to Halle's house with Nahla for a custodial hand-off. We're told Gabriel was still in the motor court (a rich person's word for a giant driveway) when Olivier walked up to him and said, "We have to move on."

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.

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.

Police were called and Olivier made a citizen's arrest for battery against Gabriel. Gabriel was escorted to the ER and, ironically, Olivier went to the same ER an hour later. The two were just down the hall from each other.

Law enforcement sources tell TMZ ... a judge has issued an emergency protective order, which requires Gabriel to stay 100 yards away from Halle, Olivier, and Nahla.

And finally, there's this ... specifics about the argument between Gabriel and Olivier are sketchy because they were trash talking each other in French.

It's pretty shocking -- considering Gabriel was out with Nahla just last night for a movie date at the Grove.