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Former lovers Halle Berry and model Gabriel Aubry are now sparring in court over custody of and access to the couple's daughter. Aubry on Monday lost a bid to overturn a restraining order against him. REUTERS/Danny Moloshok/Files

Halle Berry's ex-beau Gabriel Aubry won't be visiting their daughter for at least a couple more days.

A judge rejected his request to have Berry's restraining order against him lifted Monday afternoon. Berry got the temporary order last week, after Aubry fought with Berry's fiance Olivier Martinez on Thanksgiving in Berry's driveway.

We use the word "fight" as a technical term. It was really more like Aubrey attacking Martinez's fists with his face.

Aubrey went to the hospital with a black eye and other facial bruises, then was arrested on suspicion of battery charges. In other words, It probably wasn't one of his better holidays.

According to TMZ, the restraining order was initially set in place until Dec. 3, but on Monday a judge said the order can only stay in effect until Nov. 29. It prohibits Gabriel from going within 100 yards of Berry, Nahla, his daughter with Berry, or Olivier.

That's right. Aubrey has to stay away from Martinez; his face may still pose a risk to Martinez's fists.

Berry's lawyers say they will return to court later this week in an attempt to make the restraining order permanent.

Contact Tony Hicks at thicks@bayareanewsgroup.com or on Facebook at www.facebook.com/BayAreaNewsGroup.TonyHicks.