The emergency hearing was called after Nahla's nanny, Alliance Kamdem, accused Aubry of shoving her during an altercation last week, which apparently began when she went to pick Nahla up from school, only to discover the tyke was home sick with her dad.
While Berry appeared to be aware of Nahla's sick day, the caregiver says she "expressed her concern" to Aubry about the "lack of communication," at which point he allegedly "started screaming" at her.
"You're the [bleeping] nanny. Who do you think you are? You are a nobody," he purportedly told her. "You don't need to [bleeping] know anything."
She contends that he then "violently pushed" her while she was holding Nahla, causing her to hit a wall.
Kamdem filed a police report the next day, touching off a criminal battery investigation, and she asked for a restraining order against Aubry, in which she cited other ostensible instances of harassment and assault.
On Tuesday, a judge denied the keep-away request, calling it "insufficient and speculative."
Still, says TMZ, Child Protective Services is investigating claims of possible child endangerment.
"Anyone can file a police report at any time, regardless of it being accurate," scoffs Aubry's rep.
Halle, who paid Kamdem's salary (she just quit), parted ways with Aubry in early 2010. At first, she insisted the split was amicable.
"We're still friends, we love each other very much, and we both share the love of our lives," she told the September 2010 issue of Vogue. "And while it was not a love connection for us, he was absolutely the right person to have this child with because she is going to have an amazing father."
And even after things turned nasty in early 2011, Berry assured "Extra," "We both know a child needs both her parents."
And perhaps our sympathy.
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