By Jen Heger - Breaking Celebrity News Assistant Managing Editor

Gabriel Aubry has dropped his plan to make a temporary restraining order permanent against Halle Berry's fiance, Olivier Martinez, following their brutal Thanksgiving day beat down, Breaking Celebrity News is exclusively reporting.

"Gabe has agreed to drop legal proceedings for the temporary restraining order against Olivier to be made permanent," a source close to the situation tells Breaking Celebrity News exclusively. "Gabe suffered horrific injuries from the fight, but as part of the settlement he reached with Halle on Thursday he agreed to drop the bid for the permanent restraining order. Gabe feels that there are enough layers of protection in the settlement agreement that will protect him and Nahla in the future."

The restraining order hearing was scheduled for December 17 and sources tell Breaking Celebrity News that "neither party will show in court on that day and the matter will simply be dismissed by the judge."

As previously reported, Aubry was in court Thursday afternoon with his attorney Shawn Holley, and Berry's lawyer, Blair Berk, released a statement following the proceedings.

"The parties reached an amicable agreement. There will be no further statements regarding this matter," Berk and Holley announced in a handwritten joint statement.