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Gabriel Aubry applied for a restraining order against Halle Berry’s fiance Olivier Martinez. Aubry’s statements in court documents give a very different perspective on the Thanksgiving fight between the two outside Berry’s home, with Aubry claiming to be the victim.
Aubry and Martinez met on Thanksgiving when Aubry dropped off Nahla, his 4-year-old daughter with Berry. An argument between the two turned violent and Aubry ended up being arrested.
Now, according to a court declaration filed by Aubry’s attorney, Shawn Holley, the day before the fight, Berry and Martinez attended Nahla’s school play. Aubry claims that Martinez whispered into 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,” reports TMZ.
Then on Thursday, when Aubry arrived, he claims Martinez approached him and said, “We need to talk.” As soon as he left his car, Martinez “jumped” on him and began punching him, hitting his ribs and clamming his face into the driveway. “You cost us 3 million dollars,” Martinez allegedly said during the fight, according to The New York Daily News.
Martinez was likely referring to their custody battle in court over Nahla. In September, Berry tried to get court approval to move Nahla permanently to Paris, but a judge had denied that.
“When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you. You're going to Paris, you're going to get your $20 grand a month in child support,” Aubry claims Martinez said during the fight. “I’m not just some f---ing actor. You don’t know me.”
When they heard that police were coming, Martinez allegedly threatened to kill Aubry if he didn’t tell them that he started the fight. “You’re going to tell them that you’re the one who attacked me, or I’m going to kill you,” Aubry claims he heard.
The declaration includes detailed and graphic photos of Aubry’s injuries and bruised face.
Sources for Berry claimed to TMZ that Aubry was the one who started the fight.
An emergency restraining order was issued, which keeps Aubry 100 yards away from Martinez, Berry and Nahla, but that expires today. Reports on Monday suggest that Berry is going to rush to court this week to get the restraining order extended.