Gabriel Aubry wins restraining order against Martinez after brawl

Halle Berry's ex Gabriel Aubry has obtained a restraining order against the actress' fiance following a Thanksgiving Day brawl at her home in Hollywood.

Both Aubry and French actor Olivier Martinez were hospitalised after the bust-up, and now the Canadian model has opened up about his version of the scrap, claiming Berry's new man initiated it.

In a declaration, he alleges Martinez threatened him at his daughter Nahla's school play on the eve of Thanksgiving, whispering in his ear, "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."

Berry and Aubry are currently fighting for custody of their daughter - the actress is hoping to move to France with her boyfriend, and take Nahla with her. Aubry is resisting the move.

The model claims he took Nahla to his ex-girlfriend's home on Thanksgiving Day, and was greeted at the door by Martinez, who told Aubry, "We need to talk!"

The two men then started throwing punches at each other and Martinez allegedly knocked Aubry to the ground, accusing his fiancee's ex of costing him and Berry £1.9 million in court costs and attorneys fees.

According to the declaration, which has been obtained by editors at TMZ.com, Martinez threatened to kill Aubry if he didn't agree to move to Paris, where the actor hopes to set up home with his girlfriend and her daughter.

Aubry's lawyer attached photos of his brutal injuries.

It appears the Canadian has struck first in the post-fight legal battle. Berry's aides claim it was her ex who started the fight, and insiders told TMZ.com on Friday that the actress was planning to seek an extension to an emergency protective order against her ex, which expires on Tuesday. It requires him to stay at least 100 yards (91.4 meters) away from the actress, her fiance and Nahla.

After the fight, Aubry was arrested on suspicion of battery. Reports suggest he suffered a broken rib in the brawl.