Halle Berry

Survivor, PacificCoastNews.com

Maybe America is getting a little crowded for Halle Berry.

E! News has confirmed that the Oscar winner filed a request in family court to be able to move to France with her daughter Nahla because she fears for her life.

Two men, including one convicted of stalking Berry, are no longer locked up and the actress has no interest in finding out what their plans are now that they're out.

But wait, how did her convicted stalker get out again?

Richard Franco pleaded guilty to stalking Berry and was sentenced to 386 days in jail, but was given credit for 193 days already served and then released Saturday after amassing 193 days' worth of credits for work and good behavior.

He remains on five years' probation and there's a 10-year restraining order in place requiring him to stay away from Berry and her family.

"This person has invaded and trampled upon the most fundamental sense of security I have and I am extremely frightened of him and what he might do to me and those I love," Berry stated in her criminal complaint against Franco.

Meanwhile, Berry's camp has been informed that Robert Hoskins, a man who allegedly threatened to slit Berry's throat—and who also allegedly threatened to slit Madonna's throat and was shot by the Material Girl's bodyguard in 1995—escaped from a mental institution last week.

Hoskins was sentenced to 10 years in prison in 1996 after Madonna testified that being in the same room with him made her "sick to her stomach."

And presumably Berry prefers to make movies, not play the lead in a real-life thriller.

To be granted permission to take Nahla to France, Berry will have to show a judge proof that she has a pressing reason to relocate, and the court would have to closely examine whether or not it's appropriate for Nahla to move so far away from her father, Gabriel Aubry.

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