gabriel aubry halle berry olivier martinez *The Gabriel Aubry/Halle Berry/Olivier Martinez mess keeps getting messier.

Aubry, according to TMZ, is going to family court today to ask a judge to lift the order prohibiting him from seeing his daughter in the wake of his now infamous Thanksgiving day beatdown.

As was reported, Aubry was arrested for battery … a judge issued an emergency protective order blocking Aubry from coming within 100 yards of Halle Berry, Nahla and Olivier Martinez.

We’re told Gabriel’s lawyers will argue Olivier instigated the fight, beating the model to a pulp in Halle’s motor court and even repeatedly slamming his head on the concrete.

We’re told Halle’s lawyers will be in court this morning to oppose Gabriel’s motion … and Halle may show.

Meanwhile, on Monday, Gabriel Aubry obtained a restraining order against Olivier Martinez.

Oh yeah, here’s another photo of Aubry’s smashed face, courtesy of Martinez.

gabriel aubry beaten face

For more, go here at TMZ.