Gabriel Aubry’s Appeal Denied, Still Cannot See Nahla

 November 27, 2012
After being badly beaten on Thanksgiving Day, Gabriel Aubry has just taken another blow. According to TMZ, a Los Angeles judge has denied his appeal to have the restraining order removed — which means he still cannot see his 4-year-old daughter Nahla.
Following the brutal brawl with ex-girlfriend Halle Berry‘s fiance Olivier Martinez at the actress’ California home, the male model, 37, pled with a family court judge on Tuesday (November 27) to lift a restraining order which keeps him at least 100 yards away from Berry, Martinez and his daughter.
But the judge denied Aubry’s request.
Although, due to a clerical error, the emergency order against Aubry will be lifted on Thursday (November 29) rather than the original later date of December 3. In order to extend the ban, Berry must file another request in court.
Both men were injured after Aubry dropped off his daughter for the holiday. Martinez, a former boxer, broke his right hand, while Aubry walked away with several facial injuries.
Aubry is claiming that he is the victim in the violent attack, saying that Martinez threatened to kill him before the fight came to blows.

This is the latest twist in the ongoing fight between the exes. During their custody battle over Nahla, there have been allegations of abuse, a custody evaluation report, and child support payment court orders.