AP/ November 23, 2012, 2:31 AM

Halle Berry's ex arrested after fight at her house

HOLLYWOOD, CA - OCTOBER 24: Actress Halle Berry arrives at Warner Bros. Pictures' 'Cloud Atlas' premiere at Grauman's Chinese Theatre on October 24, 2012 in Hollywood, California.

HOLLYWOOD, CA - OCTOBER 24: Actress Halle Berry arrives at Warner Bros. Pictures' 'Cloud Atlas' premiere at Grauman's Chinese Theatre on October 24, 2012 in Hollywood, California. / Photo by Jason Merritt/Getty Images

LOS ANGELES Halle Berry's ex-boyfriend Gabriel Aubry was arrested for investigation of battery Thursday after he and the Oscar-winning actress' current boyfriend got into a fight at her Hollywood Hills home, police said.

Aubry, 37, was booked for investigation of a battery, a misdemeanor, and released on $20,000 bail, according to online jail records. He's scheduled to appear in court Dec. 13.

Aubry came to Berry's house Thanksgiving morning and police responded to a report of an assault, said Los Angeles Police Officer Julie Boyer. Aubry was injured in the altercation and was taken to a hospital where he was treated and released.

Model Gabriel Aubry and girlfriend actress Halle Berry attend Keep A Child Alive's 6th Annual Black Ball at Hammerstein Ballroom on Oct. 15, 2009, in New York.

/ Stephen Lovekin/Getty Images

Emails sent to Berry's publicist, Meredith O'Sullivan, and Aubry's family law attorney, Gary Fishbein, were not immediately returned.

Berry and Aubry have been involved in a custody dispute involving their 4-year-old daughter, Nahla. The proceedings were sealed because the former couple are not married. Both appeared in the case as recently as Nov. 9, but neither side commented on the outcome of the hearing.

Berry has been dating French actor Olivier Martinez, and he said earlier this year that they are engaged.

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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clayll says:
Appears to be a set-up. Berry' request to go lie in France with her current boyfriend was recently denied by the court. What better way to shed a bad light on her ex but to show a propensity for violence. I'm surprised that he fell into this trap, but that's what I believe happened.
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TymonTheThief says:
What's ridiculous the most about this, is that the guy that was beaten to the point of needing hospitalization is the one being arrested for assault. Why is her current boyfriend not under arrest for assault?
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PourpaixPourpaix says:
Been there, almost done that. You battle for weeks just for the "privilege" to see your kid just like it says in the divorce orders. Finally win that battle and show up at the door, only to be showered with taunts and foul-mouthed degradations right in front of your kid that are designed to chase you away. If you try not to hurt the kid any further and just go home, the kid is bombarded the rest of the day that his/her father doesn't want to be with their kid. You fight back, and you go to jail. You go out with other women who not only do the same thing, but expect you to help them humiliate their ex, too.

If your kid has friends whose parents go through a divorce, realize that both your kid and his friends probably need a little care and help, because kids talk. Parental abuse during divorce is more the norm than the exception. I wish I had a nickel for every time a divorce woman said to me, "Well, I would never do anything to hurt my kids, unlike my ex. That's why they HATE HIM, HATE HIM, HATE HIM!!!"

Screw that, I remarried a Ukrainian and couldn't be happier after five years.
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realtimecoffee replies:
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Honor, better than ****
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bundye says:
That's what happens when you are not married...have a child...and want to live your life without any problems...think again. Well, at least she's supposed to be engaged to the now boyfriend..but they are still living together...not good!!!!
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mari1963 says:
I am glad Gabriel went to jail. It's too bad he was released. The best thing would be if this man stayed in jail for a long time, maybe that would curb his anger problems. I see now why she dumped him. He needs to leave Halle and her child and move on.

She doesn't love you anymore, bozo. Buzz off and leave her and her child alone!

He's a danger to her child woth that temper. The judge made a bad decision. Let Halle take her child to France and get away from this loser!
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jgnv says:
This scenario is, unfortunately, one that plays out in homes every holiday whenever estranged parents are unable to resolve their issues beforehand. It's something anyone to has been divorced and has children has been forced to deal with. It's in the best interest of all parties involved to be as accomodating as possible to ensure that holidays don't result in creating bad memories for the kids.
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ljanycchar says:
Shame on you Halle for allowing this to happen. Olivier should NEVER have been in the middle of this, should NEVER have been at the door when Gabriel delivered his daughter back to you, and he NEVER,NEVER should have made the comments he made. This is NONE OF HIS BUSINESS. You however, had control of this situation and you ALLOWED it to happen by allowing your present boyfriend to answer the door and receive your daughter. It looks as though you "baited" Gabriel because you knew any kind of stupid comment from Olivier would make him mad. Did you ever think how hard it must be for Gabriel...the FATHER to see his daughter romping around with another man, let alone that man now think he has the right to make such insensitive comments to him? And did you, Halle, ever think about when this little confrontation might have done to your daughter????? You my sweet, are an attractive loony...who I do love as an actress and fashion plate...but feel very sorry for as the other half of any relationship you have or may get into. This one will last no more than 5 years because ANY relationship that has children involved, and starts out on a negative note with the partent of that child (or those children) will NEVER NEVER last. Very very very disappointed in you Halle. My thought is that France should take and keep you....and your cute but irresponsible boyfriend too.
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hypnotoad72 replies:
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Can't disagree...
realtimecoffee replies:
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Am I the only one who smells lawyers?
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twmat311 says:
I wonder what/who let him in? Imagine she has some kind of security, esp if they're in a custody battle; did he just ring the bell or enter an unlocked door?

If I was in a custody battle (i.e., animosity involved), it would be "have your lawyer relay it to my lawyer" - and any surprise visits would folllow with a PFA order
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ohboy231 says:
She is trash and making trash choices.
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shinishiro replies:
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Well aren't you being a bit judgmental here? You can't judge this woman on ANY decision she has made. You haven't walked in her shoes or know what she's dealing with. This story, offered by the media, doesn't include even a sliver of the precise details.

I'm not condoning her lifestyle or anyone elses. I'm just trying to show you how much you SOUND like an a$$hole.
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Elyse824 says:
I think the appropriate response is to hold the abuser accountable, rather than blame the victim. No one chooses to be abused but some people do choose to be abusive.
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hypnotoad72 replies:
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Well said, thank you!

And if it's true she baited him to get him over that fateful morning...
realtimecoffee replies:
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Hmmm, maybe once in awhile someone chooses to be abused.
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