Gabriel Aubry Claims Olivier Martinez Threatened to Kill Him, Gets Restraining Order Against Halle Berry's Fiancé

Halle Berry's ex petitions for temporary protection from her current fiancé after last week's brawl

By Natalie Finn Nov 27, 2012 12:22 AMTags
Olivier Martinez, Gabriel Aubry, Halle BerryRichard Beetham / Splash News; Ramey

Gabriel Aubry has come back swinging against Olivier Martinez.

Halle Berry's ex secured a temporary restraining order against Martinez today in L.A. Superior Court, claiming in court documents that, on Thanksgiving, Berry's fiancé threatened to kill him if he didn't let Berry move to France with her and Aubry's 4-year-old daughter, Nahla, E! News confirms.

Aubry and Martinez got into a physical altercation outside Berry's home on Thanksgiving morning, after which Aubry was arrested on suspicion of misdemeanor battery.

A routine emergency protection order was put into place directly after the holiday brouhaha that, in addition to keeping clear of Berry and Martinez, required Aubry to stay away from 4-year-old daughter Nahla for five court days. Berry's lawyer tells E! that they plan on filing for an additional restraining order this week.

In the court filing obtained by E! News, Aubry alleges that Martinez first confronted him last Wednesday outside Nahla's school, saying in French, "I wish I could beat the s--t out of you right now...We're going to take Nahla right now and you're not going to follow us." Nahla ended up leaving school with her dad, as planned, Aubry states.

The next day, Thanksgiving, Aubry was dropping Nahla off at Berry's house when Martinez attacked him, the filing alleges. "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," Aubry states. It was when Martinez was striking him, Aubry continues, that he said, "in an aggressive and threatening voice, 'you cost us 3 million dollars. When you see the judge you're going to go to Paris or I'm going to kill you.'"

Aubry also alleges that Martinez told him that he should say he was the one who attacked Martinez, or he was going to kill him. Aubry states that he told police that Martinez attacked him, but he was handcuffed, put in an ambulance and taken to Cedars-Sinai Medical Center to get checked out. 

Per the restraining order obtained by Aubry today, Martinez, who was treated for reported neck and hand injuries, is required to stay at least 100 yards away from Aubry, who was left with a black eye and a reportedly broken rib. A hearing is scheduled for Dec. 17 on whether to make the TRO permanent.

A source says that two LAPD officers arrived at Berry's home in an unmarked car this afternoon, stayed for about 45 minutes and then left.

—Reporting by Claudia Rosenbaum and Ken Baker