SAE / ZOJ / WENN 1 / 21
SAE / ZOJ / WENN 1 / 21

Despite his best efforts, Gabriel Aubry is still legally barred from seeing his little girl. Following his violent tussle with ex-girlfriend Halle Berry's fiancé Olivier Martinez on Thanksgiving, the model, 36, pleaded with a family court judge in Los Angeles on Nov. 27 to lift a restraining order that keeps him at least 100 yards away from his daughter Nahla, 4, plus Berry and Martinez, 46.

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But the judge dismissed Aubry's request, TMZ reports. Still, thanks to a clerical error, the emergency order against the French-Canadian stunner will be lifted earlier than expected: Nov. 29 rather than the original later date of Dec. 3. To extend the ban, Berry will be required to file another request in court.

PHOTOS: Halle and Gabriel in happier times

Both Aubry and Martinez (a former boxer) sustained injuries during the brawl, which arose after Aubry dropped off his little girl for the holiday: Martinez broke his right hand, while Aubry revealed startling facial injuries in a new declaration that emerged earlier this week.

PHOTOS: Halle's body through the years

In the statement, Aubry claimed that French actor Martinez threatened to kill him before the fight came to blows. Aubry and Berry have been locked in a bitter custody dispute over Nahla. The Oscar-winning actress had been denied a request to move her little girl full time to Paris.

This article originally appeared on Usmagazine.com: Gabriel Aubry Loses Court Appeal, Still Barred From Seeing Daughter Nahla

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