Halle Berry

's ex-boyfriend is fighting back after his explosive Thanksgiving Day brawl with the actress's fiancé.

Gabriel Aubry has secured a temporary restraining order against Berry's partner, actor Olivier Martinez, according to gossip website TMZ.com.

French-Canadian model Aubry, who has a four-year-old daughter with Berry, got into a brutal fight with Martinez outside the actress's Los Angeles home on Thursday.


The fistfight left Aubry and Martinez injured when Aubry dropped his daughter Nahla back to her mother's Hollywood Hills home on Thursday morning.

According to TMZ, Martinez, 46, approached Aubry, 36, to speak with him about his ongoing child custody battle with Berry.

Aubry and Berry have been locked in a custody dispute since their split in April 2010. The actress recently had her bid to move Nahla to France with her and Martinez denied by a judge.

After Martinez reportedly told Aubry, "We have to move on," the model allegedly shoved the actor, prompting a full-blown fight.

The two continued to struggle until Martinez pinned Aubry to the ground, according to the scandal sheet.

According to police, Aubry was transported by the Los Angeles Fire Department to a local hospital for treatment, and subsequently booked on suspicion of misdemeanor battery. He was later released on (US)$20,000 bail.

He's scheduled to appear in court on December 13.

A judge also issued an emergency protective order - meaning Aubry has to stay 100 yards away from Martinez, Berry and Nahla.

Aubry was photographed in Los Angeles on Saturday, sporting a black eye and a badly bruised mug.

Martinez didn't walk away from the fight unscathed either.

He was also snapped on Saturday with a swollen and bruised hand.


In court papers filed on Monday, Aubry claims that he was not the aggressor when the fight kicked off.

Aubry also claims in court filings that Martinez threatened to kill him during their scrap, TMZ reports.

He alleges that the hostilities between him and Martinez escalated when he attended an event at his daughter's school on Wednesday.

In his legal declaration, Aubry claims that a "very angry and agitated" Martinez whispered in his ear in French, "I wish I could beat the s**t out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

The next day, Aubry claims, he took his daughter to Berry's home, and was surprised to see Martinez waiting for him.

After handing off Nahla to Berry's housekeeper, Martinez asked to talk to him, Aubry alleges.

"I went to close my car door so I could to talk to him," he claims. "All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground.

"He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

He goes on to claim that Martinez allegedly said: "We called the cops. You're going to tell them that you're the one who attacked me, or I'm going to kill you."

Aubry told the cops that the incident could have been captured on Berry's security cameras.

"I told the officers that [Martinez] was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry's security cameras before she and Mr. Martinez deleted them."

Aubry also alleges, according to People, that Martinez additionally said, "You cost us $3 million [in legal fees for the custody battle]. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you."

Aubry says he suffered a fractured rib, bruises on his face, and cuts to his mouth that required stitches after the brawl. He also attached gruesome photos of his injuries to his court filing.

See the photos here (Warning: Graphic images).

"At no time during the altercation with Mr. Martinez was I the aggressor," Aubry's statement adds, according to OnTheRedCarpet.com.

"I never initiated any sort of physical contact with him on November 22, 2012 and in fact, as noted above, I was not even able to defend myself against his physical contacts towards me. Given the events of November 21 and 22, 2012, I fear for my physical safety if I am the presence of Mr. Martinez."

Aubry has since secured a temporary restraining order against Martinez, which requires the actor to stay at least 100 yards away from him.

According to E! News, a judge has set a hearing date for December 17 to consider whether to make the restraining order permanent.

It's also claimed that Berry will be going to court this week to argue for an extension of the emergency protection order a judge placed on Aubry.


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- Rumour Has It