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Gabriel Aubry will appear in family court today with one goal in mind: access to his daughter.

As previously reported, Halle Berry was granted a temporary protective order on Thanksgiving, following the brawl between Aubry and Olivier Martinez that resulted in each man going to the hospital and the model being arrested for battery.

It orders Gabriel to remain 100 yards away from Martinez, Berry and four-year old Nahla.

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But Aubry’s attorneys will argue in court this morning that their client deserves to see his daughter, considering his contention that Martinez instigated the fight, allegedly slamming Aubry’s head into the concrete and even threatening to kill him.


Berry’s lawyers will oppose this motion, of course, and sources tell TMZ that the Oscar winner herself may be in attendance at the hearing.

Aubry obtained a restraining order against Martinez yesterday.

The two sides have offered divergent stories regarding what actually went down Thanksgiving morning at Berry’s home. At the moment, however, only Aubry is facing criminal charges.