Aubry-Martinez legal battle rolls on

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Copy of People Halle Berry AP Model Gabriel Aubry with actress Halle Berry. File photo: Peter Kramer

London - Gabriel Aubry's court hearing has been cancelled.

Halle Berry's ex-boyfriend was due to appear in court this Thursday (13.12.12) over his Thanksgiving bust-up with Halle's fiance Olivier Martinez, for which he was charged with misdemeanour battery, but the dispute will now be settled in an office hearing.

Frank Mateljan, Los Angeles City Attorney's Office spokesman, said they had "decided to schedule a City Attorney's Office hearing in this matter. We are in the process of contacting the parties to set up that hearing. Mr. Aubry's counsel has been informed that tomorrow's court date will be vacated."

The pair entered into a violent brawl when the Canadian model dropped off his four-year-old daughter Nahla to the home she shares with his ex-partner and French actor Olivier. Gabriel was pictured with bruises on his face, while Olivier's hand was in a brace.

They reached a mutual decision not to pursue criminal charges and to settle the dispute amongst themselves for Nahla's sake after Gabriel originally filed for a restraining order against Olivier, claiming he had threatened to kill him.

Criminal defence attorney Troy Slaten explained that the office hearing is likely to be an informal discussion, which won't result in criminal charges and is likely to recommend anger management classes as a solution.

He told E! News: "A hearing officer could then make a recommendation ... on whether or not any charges should be filed against either of the parties or if the matter could be handled informally.

"Usually, in a mutual combat situation, neither party is charged with a crime. And the hearing officer could recommend anger management or other types of things ... like a parenting class, counselling or anger management class to prevent charges being filed. It's a pretty strong encouragement to follow the recommendation or you could face criminal charges." - Bang Showbiz


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