Gabriel Aubry Set Up by Halle Berry and Fiance: Report

halle berry and gabriel aubry feud

The tide may be turning against Halle Berry regarding the fierce beating Gabriel Aubry received on Thanksgiving at the hands of her French actor fiance Olivier Martinez.

The Canadian model's high profile lawyer Shawn Holley has already secured a temporary restraining order against Martinez and is heading back to court today to ensure that her client is able to resume parental custody visitations with his 4-year-old daughter Nahla.

We find it hard to imagine that Halle's ex-boyfriend would have come gunning for Martinez just days after winning yet another court victory that will ensure his daughter remains in California.

The French actor, on the other hand, is only in the country on a work visa and had hoped to move his fiancee and her daughter to Europe.   That certainly seems like the proper motivation to go after Aubry and then claim it was the other way around--with his high-profile girlfriend backing him up on what happened in her driveway.

Both men are in the country on work visas and Aubry's is coming up for renewal in December.  A crime conviction could spell disaster for him and possible deportation.

It seems likely that Martinez would suffer the same fate if he were to be convicted of assault and battery, though he has yet to be charged.  No wonder he was photographed at a Beverly Hills liquor store at 7:30 a.m. on the morning after the brawl.

Legal eagle Shawn Holley has gotten Lindsay Lohan out of numerous scrapes in the past but something tells us this will not be a slam dunk.

Check out the graphic injuries to Aubry's face below:

Photos:  WENN