Berry walked in on crutches for the emergency paternity hearing. Eyewitness News has learned that Berry took her former partner, Gabriel Aubry, to court, demanding the judge prohibit Aubry from seeing their daughter Nahla. Both sides say nothing was decided in court.
Aubry is under investigation for allegedly shoving the former couple's nanny while she was holding 3-year-old Nahla last Wednesday. Alliance Kamdem told LAPD investigators that the former model went on a racist rant, screaming and cursing at her before finally pushing her.
"I was thrown into the wall behind me while still holding Nahla. I was terrified," she said in a statement.
She filed a restraining order against Aubry, saying she feared his "dangerous and aggressive behavior." In a sworn statement, Kamdem said Aubry assaulted her in June 2011.
"I was at the door to his apartment, putting my shoes on, and he violently pushed me out the door before I could even finish with my shoes. He then slammed the door in my face," she said in the statement.
A judge denied Kamdem's request for a restraining order, calling her grounds against Aubry insufficient and speculative.
A source close to the case said the LAPD is investigating Aubry for battery and child endangerment after the allegations surfaced. The L.A. County Department of Children and Family Services is also conducting their own child endangerment investigation, according to a source.
The actress wants Aubry to have no contact with Nahla until the investigation is resolved. A source close to the case said the judge decided to keep all orders in place and not change anything because he is not the regular judge assigned to the case. The regular judge returns on Monday, at which time both sides will be back in court to discuss Berry's request.
"I can't speak about the case, but I can say that Halle is very pleased that the judge considered everything carefully, and is looking forward to having the case fully heard and decided next week," said Berry's attorney Neal Hearsch.
Berry and Aubry split in 2010, launching a bitter legal battle that ended last year with shared custody of their child. Both Aubry and Berry were ordered by the court to have a nanny.
Aubry did not comment on the allegations or the court proceedings as he left, but his lawyer, Gary Sishbein, confirmed that custody of Nahla has not changed, and he will still be able to see her.