Gabriel Aubry has reportedly obtained a restraining order against Halle Berry's fiance Olivier Martinez.
The men came to blows on Thanksgiving Thursday and Gabriel's declaration explains what happened leading up to the incident.
According to Gabriel's declaration, on the Wednesday, Gabriel took Nahla to her school play which Halle and Olivier also attended.
Olivier allegedly 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."
According to TMZ.com, the next day Gabriel was confronted by Olivier in the morning when he came to drop four-year-old Nahla off to Halle’s home.
Instead of a nanny greeting him at the door, the actor is said to have come out and said, "We need to talk," before knocking Gabriel to the ground and brutally beating him.
People magazine reports that Olivier complained that their legal battle against him cost them $3 million to get permission to move Nahla to Paris, however the attempt failed.
According to the declaration, as Olivier slammed his head on the concrete driveway he screamed he would kill the model if he didn’t move to the French capital with them.
Gabriel recounts that Olivier then said they had called the police and that Gabriel should lie about who started the fight.
However, law enforcement sources told TMZ that Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight, and Los Angeles Times have reported that the 'Dark Tides' actor claims it was Gabriel who was the agressor.
Sources on Halle's side claim it was Gabriel who started the fight. An emergency protective order has already been issued against Gabriel requiring him to stay 100 yards away from Halle, Olivier, and Nahla.
Apparently Halle's lawyers will go to court this week in an attempt to have the order extended.Following the fight, Aubry was arrested on suspicion of misdemeanor battery, and was reportedly released on $20,000 bail. He's set to appear in court on December 13. Rolling Stones Face £200,000 Fine For Getting Carried Away At O2 Gig
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