AceShowbiz -

Halle Berry and fiance Olivier Martinez are taking no chances for the safety of their family. The couple plan to go to court to seek restraining order against Berry's baby daddy Gabriel Aubry following the Thanksgiving incident that left both Martinez and Aubry battered and bruised.

The judge order that requires Aubry to stay away within 100 yards off Berry, Nahla and Martinez will expire on Tuesday, November 27. Through her lawyers, Halle will seek the extension of their protection for indefinite period of time, TMZ reported.

Berry will appear in a family court early this week to file for the restraining order, arguing that Aubry has a temper that he cannot control. She and her lawyers were alarmed that Aubry would start a fight with Aubry in front of his 4-year-old daughter Nahla.

Following the incident, Aubry was booked into jail and had to post a $20,000 bail. The model will appear in court on December 13 on a charge of misdemeanor battery.

Berry was spotted out and about with Nahla just 24 hours after the incident. The mother and daughter went to see "Yo Gabba Gabba!" concert at Nokia Theater in Los Angeles. They were escorted by police while taking a trip to the venue.