Halle and her lawyers are concerned that Gabriel sparked the fight with Halle’s fiance Olivier Martinez - which saw both men end up in hospital - in front of her four-year-old daughter with Gabriel, Nahla.

Despite a judge granting a temporary emergency protection order, which requires Gabriel to stay at least 100 yards (91 metres) away from Halle, Nahla and Olivier, the actress isn’t taking any chances, website TMZ reports. She is rushing to the family court to extend the original five-day protection order for an indefinite period of time.

If the restraining order is granted, Gabriel will not be allowed to see his daughter for an undetermined period of time.

“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 a beef,” a source tells TMZ.

Halle’s lawyers have previously argued that Gabriel’s temper is out of control.

Following the Thanksgiving Day fight, Gabriel was charged with battery and taken into custody upon his release from hospital, but was later released on $20,000 bail.

Halle and Gabriel have been involved in a bitter custody battle since they split in 2010.