By Shiryn Ghermezian, EnStars | Nov 25, 2012 11:00 PM EST
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Lawyers of actress Halle Berry will ask for a restraining order against ex-boyfriend Gabriel Aubry in a family court, according to TMZ.
Aubry is currently court ordered to stay 100 yards away from Berry, their daughter Nahla Ariela, and the actress's fiance Olivier Martinez until Dec. 3, following an altercation between Aubry and Martinez on Thanksgiving eve, Nov. 22. Berry's lawyers will ask for an extension of the current restraining order, the report stated.
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Aubry and Martinez got into a fight in front of 4-year-old Nahla on Nov 23. The fight was so bad that both of them landed in a hospital. The verbal argument became physical; Aubry reportedly suffered a broken rib and facial contusions, while Martinez may have injured his hand, according to KABC. Paparazzi photographers Martinez leaving the hospital with Berry and her daughter, and images show the wounds on his hand that he sustained during the brawl.
CLICK HERE for photos of Berry, an injured Martinez and Nahla heading home from the hospital on Thanksgiving.
Upon being released from jail, Aubry went to Los Angeles jail on Thursday and his bail was set at $20,000, Access Hollywood reported. He was released from custody late Thursday.
Berry and Aubry broke up in 2010. Berry and Martinez starred together in the movie "Dark Tide" in 2010 and soon became a couple off screen. She has been previously married to baseball player David Justice and singer Eric Benet.
Earlier this month, a judge ruled that Berry will not be able to move to France with her daughter. France is stricter against paparazzi in comparison to Los Angeles and Martinez is from France. Berry told the judge in her request, filed in Los Angeles family court in February, that she was concerned for her personal safety and that of Nahla's, since two men who had stalked her were no longer locked up, according to ABC. One man was released from jail earlier this year and the second escaped from a psychiatric hospital in February.
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