Gabriel Aubry's Court Date Canceled, Will Face Halle Berry's Fiance Olivier Martinez at Office Hearing Instead

Gabriel's Black Eye
Halle Berry's ex emerges after fight with Olivier Martinez. Read More »

The case against Gabriel Aubry, the ex-boyfriend of Halle Berry who got into a physical altercation with Berry's fiance, Olivier Martinez, on Thanksgiving, will be settled out of court, E! News has confirmed.

Aubry, who was scheduled to be arraigned in court on charges of misdemeanor battery Thursday morning, will instead meet with Martinez at a hearing at the Los Angeles City Attorney's Office, according to spokesman Frank Mateljan.

"[They have] decided to schedule a City Attorney's Office hearing in this matter," Mateljan told E! News on Wednesday. "We are in the process of contacting the parties to set up that hearing. Mr. Aubrey's counsel has been informed that [Thursday's] court date will be vacated."

It's just the latest break in the case for Aubry, who was left visibly bruised and beaten by the altercation.

Late last month, after what felt like an eternity of arguments, the Canadian-born model and Berry finally reached an "amicable agreement" in the custody battle over their four-year-old daughter, Nahla.

Berry had previously tried to move Nahla to Martinez's home country of France, she said to avoid the paparazzi in Los Angeles. A judge later denied her request.

Aubry, 37, was arrested and charged with misdemeanor battery after he engaged in a physical fight with Martinez inside Berry's home. He was later released on $20,000 bail.

In the days after, Berry obtained an emergency protection order against Aubry, which ordered him to stay at least 100 yards away from Berry, Martinez and Nahla.

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  • Fair!
    Fair!

    I hope Halle can see the good in Gabriel. The love he has for their daughter, the things she praised about him after being with him for 2 years (integrity, comfort with not caring what people think), cooking ability, music ability (CD of Spanish guitar music), keeping in shape, and love of his daughter. Constancy. No one is perfect. They both love their child. Halle, maybe your picker isn't broken, maybe it's your compromiser. Did you really give making a real family with Gabriel a chance? Think of your exes...they seem to be in stable relationships with children. Love Gabriel for his qualities, whether or not you ever get back together.

  • salksmith
    salksmith

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