Things are getting more heated in Halle Berry's custody battle over daughter Nahla with her ex, Gabriel Aubry.

After receiving a temporary protective order against Aubry after his Thanksgiving brawl with Berry's current boyfriend Olivier Martinez, the 46 year-old actress is now looking to make the order permanent. The emergency order will be lifted on Tuesday, but if the Cloud Atlas star acquires a more lasting protective order against Aubry, he may not see his 4 year-old daughter for an undetermined amount of time.

"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," a source said.

The incident comes shortly after Berry lost her fight in court to Aubry - who lives and works in Los Angeles - over the ability to move Nahla to Martinez's native France.