halle & gabriel*After the big brawl that went down outside her house on Thanksgiving Day, it’s no surprise that Halle Berry will be in court ASAP to get a restraining order against her baby daddy, Gabriel Aubry.

Sources say Aubry started the fight with Halle’s current beau, Olivier Martinez. For him to do such a thing right in front of 4-year-old Nahla, has caused Halle to be more than concerned the source told TMZ.

Even though an emergency order of protection was issued – requiring Aubry to stay 100 yards away from Halle, Nahla and Olivier – that order expires Tuesday. So you know where Halle will be on Monday.

We’re told Halle’s lawyers will be in family court asking a judge to extend that protection for an indefinite period of time.

The bloody fight landed both Gabriel and Olivier in the same hospital ER. Gabriel was arrested and could be charged with criminal battery.

Sources tell us … Halle’s argument is pretty simple — 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 … with whom he clearly has beef.

Halle has firepower behind the argument, because we know Halle’s lawyers argued before the same judge on previous occasions that Gabriel’s temper was uncontrollable.

Check out the photo below of Gabriel Aubry after his fight with Olivier Martinez.

It’s pretty clear who got the worst of the brutal Thanksgiving Day fight. Aubry is a swollen, bruised mess after Halle’s fiance Olivier Martinez put a whippin’ on his face.

Then, on top of the beat down he received from Martinez, Aubry was also arrested for starting the fight.

gabriel aubry (beaten up)See more photos of a bruised and battered Gabriel Aubry at TMZ, here.