Despite his best efforts, Gabriel Aubry** is still legally barred from seeing his little girl. Following his violent tussle with ex-girlfriend Halle Berry**'s fiance Olivier Martinez on Thanksgiving, the model, 36, pled with a family court judge in L.A. on Tuesday Nov. 27 to lift a restraining order which keeps him at least 100 yards away from his daughter, 4, plus Berry and Martinez, 46.

But, the judge dismissed Aubry's request, TMZ reports. Still, thanks to a clerical error, the emergency order against the French-Canadian stunner will be lifted earlier than expected: Thursday Nov. 29 rather than the original later date of Dec. 3. In order to extend the ban, Berry will be required to file another request in court.

Both Aubry and Martinez (a former boxer) sustained injuries during the brawl, which arose after Aubry dropped off his little girl for the holiday: Martinez broke his right hand, while Aubry revealed startling facial injuries in a new declaration that emerged earlier this week.

In the statement, Aubry claimed that French actor Martinez threatened to kill him before the fight came to blows; Aubry and Berry have been locked in a bitter custody dispute over Nahla. The Oscar-winning actress had been denied a request to move her little girl full-time to Paris.

This article originally appeared on Usmagazine.com: Gabriel Aubry Loses Court Appeal, Still Barred From Seeing Daughter Nahla