“We have to move on.” These, it would seem, were the words – spoken by Halle Berry’s fiancé Olivier Martinez – that caused her ex-partner Gabriel Aubry to fly into a rage and assault Martinez at their home on Thanksgiving Day.

TMZ first reported on the incident and now they’ve learned that Halle is taking no chances and will be going to court early this week, to instigate a restraining order against Aubry, the father of her four year-old daughter Nahla.

Sources have told TMZ that Halle is alarmed about Gabriel starting a fight with Olivier right in front of Nahla. A judge issued an emergency protection order against Gabriel, which prevents him from getting any closer than 200 yards to Halle, but that will expire on Tuesday and it seems that the Oscar-winning actress wishes for more permanent measures to be put in place. Halle Berry’s lawyers will reportedly be in a family court as soon as possible, asking for an extension to be placed on the order, for “an indefinite period of time.”

The Thanksgiving incident is the culmination of months of trouble between Halle and Gabriel and he really hasn’t done himself any favours here, as Halle has repeatedly told the same judge on previous occasions that Gabriel’s temper is “uncontrollable.” He’ll have a hard job convincing the courts that he is fit to be looking after his daughter, after this latest drama.