Halle Berry’s baby daddy, Gabriel Aubry, received a blow in court. A judge rejected his bid to have the restraining order against him removed, which means the French-Canadian model is still not allowed to visit his daughter, Nahla.

The restraining order, which he received after his altercation with Olivier Martinez, was supposed to remain until December 3. However, the judge, acknowledging there was a clerical error in choosing the date, clarified that the order can only stay in effect until November 29. Until then, Gabriel is prohibited from going within 100 yards of Nahla, Martinez or Berry. 

If they want to keep Aubry away from them and Nahla, Berry and her fiancé have to go to court by Thursday.

Aubry and Martinez got into a fight on Thanksgiving morning. In the altercation, Aubry was left with an extremely swollen eye. Shortly afterward, it was reported that Aubrey obtained a restraining order against Martinez.

Because the brawl occurred in the presence of Nahla, who was quickly removed from the scene, Los Angeles County Department of Child Protective Services reportedly plans to reopen an abuse investigation involving the 4-year-old. The Los Angeles Police Department formally contacted DCPS after Aubry’s arrest because the 4-year old witnessed the dispute, and DCPS has to make sure Nahla is in a safe environment.

As far as who started the fight, law enforcement will not have the assistance of video because Berry's surveillance cameras were facing the fences surrounding her home. So no footage of the altercation, which happened in front of the house, was captured. Nonetheless, TMZ is reporting Aubry will not face criminal prosecution, as the consensus is the fight was "mutual combat."

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(Photo:  Survivor, PacificCoastNews.com)