Gabriel Aubry sought a restraining order against French actor Olivier Martinez following the temporary order of protection that Halle Berry and Martinez, her fiancé, received against him after an altercation between the two men on Thanksgiving day that landed both men in the emergency room.
Aubry can be seen in graphic images taken after the fight in which his right eye appears swollen and black. In the photos he appears to have several lacerations above his left eye and on his forehead and the bridge of his nose, as well as bloodied fingernails. He also suffered several broken ribs.
The squabble followed a court ruling that states that Berry is not allowed to move four-year-old Nahla to France, where she was planning to live with Martinez. Aubry and Berry were in a long-term relationship that ended in 2010.
TMZ reports that Aubry obtained his emergency restraining order on Monday at a Los Angeles County court. Documents reveal that the order is valid until Dec. 17, while Berry and Martinez’s order states that Aubry must stay 100 yards away from the two, and also Nahla.
Despite being arrested and charged with battery following the altercation, the model claims that it was Martinez who initiated the brawl, and that Martinez threatened to attack him and kill him in meetings prior to and leading up to the fight.
According to Aubry, at Nahla’s school play, which was staged the day before Thanksgiving, and which all three attended, Martinez whispered in Aubrey's ear, “I wish I could beat the s*** 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.”
On Thanksgiving Day, Aubry claims Martinez answered the door as he was returning Nahla to Berry’s home and said, “We need to talk,” then attacked him as they walked to his car, allegedly throwing him down and slamming his head into the ground, while yelling that Aubry cost them “$3 million due to the custody battle” for Nahla.
“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,” Martinez said, according to Aubry.
Aubry says he told police that they should obtain the footage from Berry’s security cameras showing that Martinez attacked him first, before they deleted the evidence.
A source told Radar Online that due to the recent drama, Aubry may not only face criminal charges because of the altercation, but he may also be in jeopardy of losing custody of Nahla and could face deportation to Canada, his home country.
“Gabe is in the United States on a work visa, and anytime someone is arrested on child abuse, domestic violence, assault or battery charges, the Immigration and Naturalization Services is contacted by law enforcement,” the source said.
According to Radar Online, the Los Angeles County Department of Child Protection services plans to reopen an abuse investigation and will interview Berry, Aubry and Martinez to ensure that Nahla’s home environment is safe.