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Gabriel Aubry Dropping Restraining Order Against Olivier Martinez

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Nov. 30 2012, Published 4:30 a.m. ET

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By Jen Heger - RadarOnline.com Assistant Managing Editor

Gabriel Aubry has dropped his plan to make a temporary restraining order permanent against Halle Berry's fiance, Olivier Martinez, following their brutal Thanksgiving day beat down, RadarOnline.com is exclusively reporting.

"Gabe has agreed to drop legal proceedings for the temporary restraining order against Olivier to be made permanent," a source close to the situation tells RadarOnline.com exclusively. "Gabe suffered horrific injuries from the fight, but as part of the settlement he reached with Halle on Thursday he agreed to drop the bid for the permanent restraining order. Gabe feels that there are enough layers of protection in the settlement agreement that will protect him and Nahla in the future."

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The restraining order hearing was scheduled for December 17 and sources tell RadarOnline.com that "neither party will show in court on that day and the matter will simply be dismissed by the judge."

As previously reported, Aubry was in court Thursday afternoon with his attorney Shawn Holley, and Berry's lawyer, Blair Berk, released a statement following the proceedings.

"The parties reached an amicable agreement. There will be no further statements regarding this matter," Berk and Holley announced in a handwritten joint statement.

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Nahla Aubry

Meanwhile, the battling exes and Martinez are trying their hardest to move forward and maintain peace for the sake of 4-year-old Nahla.

"All parties wanted what was best for Nahla and that was the main goal of the settlement," the source says. "All three of the adults are moving on and have vowed to never let something like this ever happen again."

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