Downcast Halle Berry shows the strain... as it's revealed daughter Nahla 'will become the subject of a Child Protection Services investigation'

PUBLISHED: 08:11 EST, 26 November 2012 | UPDATED: 08:56 EST, 26 November 2012

The strain of the extraordinary Thanksgiving brawl between her fiancé and the father of her child is already starting to show on Halle Berry.

But it looks like the Oscar-winning actress is set for more turmoil after it was revealed her daughter Nahla will become the subject of a Child Protection Services investigation.

RadarOnline.com reports the Los Angeles County Department of Child Protection services will be formally re-opening an abuse investigation involving the four-year-old child - the star's daughter with Gabriel Aubry - following the fight between the model and Halle's fiancé, Olivier Martinez.

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Somber pair: A grim-looking Halle Berry and Olivier Martinez were spotted arriving at their home in Malibu, California, on Sunday. The Thanksgiving brawl drama is clearly taking its toll

Sombre pair: A grim-looking Halle Berry and Olivier Martinez were spotted arriving at their home in Malibu, California, on Sunday. The Thanksgiving brawl drama is clearly taking its toll

A source told RadarOnline: 'Detectives from the LAPD formally contacted CPS after Gabe's arrest, because Nahla was present when the fight occurred.

'Nahla wasn't actually involved in the melee, and by all accounts, Halle whisked her out of the driveway as soon as the fight between Olivier and Gabe started. However, DCFS was contacted because there has been a history of allegations of physical abuse.

'Social workers will be interviewing Halle, Gabriel and Olivier about what happened on Thanksgiving. DCFS must ensure that Nahla's environment is safe.'

Earlier this year, Aubry was accused of shoving Halle's nanny while Nahla was in her arms.

Grim: Olivier Marinez also looks strained. His girlfriend Halle Berry wants to get a permanent restraining order against her ex Gabriel Aubry after he got into a fist fight with her current fiance Martinez on Thanksgiving

Although a police report was filed, the Los Angeles City Attorney cited a lack of sufficient evidence when they failed to file charges against the French-Canadian model.

Halle looked downcast and utterly exhausted as she and Martinez emerged from her home on Sunday following the Thanksgiving Day brawl, which resulted in both men being hospitalised.

In the wake of the fight, Aubry was charged with battery, and an emergency restraining order banned him from coming within 100 yards of Halle, Martinez or his four-year-old daughter Nahla.

The emergency protective order is due to be lifted on Tuesday, but TMZ have reported that the Monster's Ball actress plans to 'rush' a permanent order through 'early next week.'

The former Bond girl kept her head down and wore a cap low over her eyes to avoid making eye contact

On Friday, Halle resumed her everyday life and took her daughter to see a live performance of TV favourite Yo Gabba Gabba in Hollywood, but took four police guards on motorcycles with her for the outing.

If the request is granted by the court, this means Gabriel will not be allowed near his daughter for an undetermined period of time.

A source told the website: 'If Gabriel can't control himself enough to protect Nahla from emotional trauma, it's too risky for him to be around the child, Halle, or her fiance.'

Protection: Halle Berry wants to get a permanent restraining order against her ex Gabriel Aubry after he got into a fist fight with her current fiance Olivier Martinez on Thanksgiving

Swollen knuckles: On Thursday Olivier sported a visibly swollen hand from the fist fight as he left the hospital with Halle Berry

The fight was said to have kicked off after Martinez told Aubry he had to 'move on' and Aubry became enraged at his interference.

After Martinez reportedly told Aubry: 'We have to move on,' the model is said to have retaliated and tried to punch the French actor before a full blown fight broke out.

Aubry was charged with battery and taken into custody upon his discharge from hospital at around 3.30pm on Thursday - where he was treated for a broken rib and bruises to the face.

But he is said to be hopeful that all charges will be dropped once the 'truth comes out'.

A source told RadarOnline.com: 'Gabriel is extremely concerned about his arrest and the fallout this could have on Nahla. She is his entire world and is hopeful that once the truth comes out, he won't be formally charged with any crime.'

Back to everyday life: Halle was seen in the Nokia theatre in Hollywood where she and Nahla enjoyed a live performance on Friday

Aubry was later released on $20,000 bail, after which the emergency restraining order was granted to the Oscar-winning actress, her fiance and her daughter.

Meanwhile, 46-year-old Martinez was seen on Friday with a swollen hand and neck injuries after the altercation.

Aubry and Berry, 46, have been involved in a bitter custody battle ever since their split in 2010.

Earlier this week, the actress tried to convince a judge to allow her to move to France with Nahla to live with her new lover, but the move was blocked by the courts after Aubry argued it would affect his relationship with his much-loved daughter.

Back in the day: The former couple, here seen in 2009, have been involved in a bitter custody battle over four-year-old daughter Nahla, with Halle now trying to block all contact between the father and daughter

VIDEO: Bruised Olivier tight lipped when asked who started fight...

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Was all this worth it then Hallw

- fifi106 , Manchester, 26/11/2012 16:03

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Anybody else aware that Halle Berry likes to put restraining orders on her exes? Gabriel Aubrey isn't the only one, it seems she also had one on David Justice. -Hardcoreharding, Vancouver, Canada>>> Yep and has Justice had incidents since then? Don't think so. Guy has kids and has been married for more than 10 years. Halle had a restraining order against him, but now she only talks about her depression and attempted suicide over that divorce. And for those who don't know, Berry has also hinted that other boyfriends were physically and emotionally abusive towards her, she just won't name names. So what's going on where she keeps ending up in these situations if, and that IF is getting bigger and bigger, she's telling the truth? Is Benet still a sex addict? He seems to have gotten off the easiest out of all of Halle's exes.

- Kari , VA, 26/11/2012 16:03

Click to rate Rating 75

That's a GUILT face. She must think of the child and put the 'abuse' and manipulation behind her and start again. Whenever my partner and i fall out i always say to him: ok love, let's start again. It helps!!!

- anon , anon, 26/11/2012 15:59

Click to rate Rating 36

Halle Berry opened this can of worms. Now she gets to eat them. I'm really happy to see Gabriel Aubry fighting for his daughter. Do you honestly think this guy would go through this hell if he didn't care about his child? So many men take the easy road out and abandon their children in lieu of freedom and lack of responsibility. Taking care of a child and being there for them means you have to sacrifice self. You give up so much of your life for their benefit. No man would fight this hard for his child and go through all of this if it weren't about love and wanting to be there. I applaud him. I absolutely applaud him.

- Maggie , Toledo, 26/11/2012 15:55

Click to rate Rating 90

I feel so bad for Nahla. Here's a dad who desperately wants to be part of his daughter's life...and an ex who has done everything in her power to prevent it from happening. I don't blame him for snapping. She has pushed and pushed and pushed this poor man who has wanted nothing more than to be a dad to his child. I will NEVER see a Halle Berry movie again. With that ugly personality, she doesn't deserve the fame and fortune she has amassed.

- LynnFLA , Tampa, 26/11/2012 15:53

Click to rate Rating 110

This woman is unbelievable. I really hope Nahla and her father get to have a relationship despite Halle's interference. Seriously Halle, your child should come FIRST!

- somewherehere , Cincinnati, 26/11/2012 15:49

Click to rate Rating 98

If only she would put as much effort as she put in her career into creating a peaceful environment for her daughter. You don't have to like your ex, but please, as soon as children are involved be a grown up and think of how your actions affect your daughter.

- Maria , London, United Kingdom, 26/11/2012 15:48

Click to rate Rating 54

Some of you folk sound ridiculous. This guy has violent tendencies. Are you seriously thinking that this is a one time incident in his life? He won in court and gets 20 grand a month! Why would ANYONE in his right mind lose his temper even if verbally provoked, physically attack someone and jeopardize it all? He's not very bright or he's just angry that she left him and is marrying someone else... when she told him she would never marry again.

- Kate , Surprise, 26/11/2012 15:45

Click to rate Rating 68

Many women are like her, vicious and spiteful. I hope Aubrey wins.

- Big Mama Mai , london, 26/11/2012 15:17

Click to rate Rating 49

Too much drama Halle...It might be a good idea to start thinking about your daughters' well being for a change and not the next man in your line of fire.

- Dee , Toronto, Canada, 26/11/2012 15:15

Click to rate Rating 63

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