Gabriel Aubry isn’t likely to face criminal charges for Thanksgiving fight with Halle Berry’s fiance Olivier Martinez

By Daniel S Levine,

After the fight between Gabriel Aubry and Halle Berry’s fiance Olivier Martinez on Thanksgiving, Aubry was arrested, but he isn’t likely to be prosecuted for the incident, according to a report.

TMZ is reporting Wednesday that Martinez had made a citizen’s arrest on Thanksgiving and Aubry was booked on battery charges. However, the LA District Attorney’s office will take the case tomorrow and can decide whether or not to pursue charges. TMZ’s sources say that police are expected to not recommend that Aubry be prosecuted.

Officials consider the incident a case of “mutual combat” and it is “highly unlikely” that Aubry will face charges, the sources continue.

As we previously reported, Aubry had filed a court declaration, claiming that Martinez had threatened to kill him during the fight. The documents also included graphic photos of his injuries.

Aubry filed a restraining order against Martinez. Later Tuesday, TMZ reported that a judge denied his request to end the temporary restraining order that was put in place against him after the fight. It restricts him from seeing Nahla, his 4-year-old daughter with Berry. That restraining order expires Friday.

The Los Angeles Times confirms that Berry also filed for a protective order against Aubry. The actress and Aubry dated from 2005 to 2010.

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