Halle Berry's ex struck out in his attempt to have a restraining order removed so he could visit with their daughter Nahla.

Gabriel Aubry went to court today in L.A. to ask for the cancellation of the order, which was issued after his brawl with Berry's fiance Olivier Martinez, but a judge said no dice and kept it in effect until Monday. Aubry argued that Martinez actually started the fight.

The order prohibits Gabriel from going within 100 yards of Nahla, Olivier or Halle.