Halle Berry's ex, Gabriel Aubry, says he was threatened before fight

This photo shows Gabriel Aubry, who was arrested after a Thanksgiving confrontation at Halle Berry's house with the actress' fiance, Olivier Martinez. / AP Photo/Los Angeles Superior Court

Halle Berry's ex-boyfriend claims the actress's fiance threatened to kill him during a Thanksgiving confrontation that left him with a broken rib, bruised face and under arrest.

Gabriel Aubry's claims are included in court filings that led a judge Monday to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.

• Halle Berry's ex arrested after fight at her house
• Pictures: Halle Berry

Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, the filings state.

A representative for Martinez could not be immediately reached for comment.

Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school that he and the actors attended. Aubry, a model, has a 4-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.

The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Berry's court filings state, and Aubry shares joint custody of the young girl.

This photo released Nov. 26, 2012 shows Gabriel Aubry, who was arrested after a Thanksgiving confrontation at Halle Berry''s house with the actress'' fiance, Olivier Martinez. Aubry, Berry's ex-boyfriend, claims Martinez threatened to kill him during a confrontation that left him with a broken rib, bruised face and under arrest.

/ AP Photo/Los Angeles Superior Court

Aubry claims Martinez told him, "You cost us $3 million," while he was punched and kicked him in the driveway of Berry's home. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry didn't move to Paris.

Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.

Photos of Aubry's face with cuts and a black eye were included in his court filing.

A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.

TMZ reports that Aubrey hopes to go to court Tuesday to ask a judge to lift a ruling prohibiting from seeing his daughter.

[Emancipator]

celebrites need to quit using their money and time in the media to be immoral.

[RoninK]

"You cost us 3 million" <-- haha nice move to assert yourself into her bank account. I guess he was in her pocket when she was shooting all of those movies.

[nmg902]

People make bad choices. Unfortunately for Ms. Berry, hers are very public when things go wrong. She created a child with this guy and she is the one who has to deal with him, not the new guy-who may or may not be a permanent fixture. Why is he going to the kid's school events if there is not mutual consent for him to be there? Surely, it is the welfare of the child that is most important-not for mama's new guy to make a showing so things look good because she wants to get sole custody. If this model guy is a good dad and wants to be involved in the girl's life, then he should be allowed. Ms. Berry has to interact with the dad-not the new fiance--she is not his kid and seems like he is saying some very inflammatory things to the dad, trying to provoke him. He is with a woman who has a child, if that is inconvenient for him and he is more concerned about losing money then Ms. Berry should have her child's best interests at heart and tell him to take a hike. Why would she want someone who will not put her child first? And shouldn't she? I think she needs to stand up to this guy--or maybe she is afraid she will get punched, too? Who believes the model threw the first punch?

[1pheasant1]

I thought they canceled the hockey season. Is it still being aired by the Home and Garden Network?

[46tallison]

I really feel sorry for the child. And then people wonder when the kid grows up and has a life full of issues...

[efh123]

mari1963 Their daughter is just as much Aubry's as she is Berry's. I wonder how long her relationship with Olivier will last. I think the problems Halle's having with Aubry have more to do with her wanting complete control and not wanting to share her daughter with the child's father. How would Halle like it if Aubry took their daughter to grow up on a different continent? As for Aubry costing Martinez and Berry $3 million, maybe they have no one to blame but themselves.

[mari1963]

Oh please! There's a reason why Halle doesn't want Aubry in her life anymore....maybe a bad temper???

He needs to stop using Halle's child as a way to stay in contact with her. Leave Halle and her baby alone and get on with your life, you loser. You need to move to Paris and leave her alone!

You got exactly what you deserved!

[retiredWAC]

If someone cost ME $3mil, I'd be upset, too! Just sayin'

[bigmanfrommaine]

Halle needs to get the hell away from this nut job. It is only a matter of time before he turns his rage on her or her child.

Run Halle run!

[thatsbullcbs]

Messed with the wrong mofo and got his @ss handed to him! Having Halle in his life is his only way of staying relevant. Glad she got rid of his lazy ass. What a loser pest. #RoyalBeatdown!