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OTRC: Halle Berry's ex Gabriel Aubry gets restraining order against Olivier Martinez

Left: Gabriel Aubry is seen in an undated file photo. Right: This photo made available in Los Angeles Superior Court documents released Monday, Nov. 26, 2012 shows Aubry, who was arrested after a Thanksgiving confrontation at Halle Berry's house with the actress' fiance, Olivier Martinez. (Los Angeles Superior Court)

Halle Berry's ex-boyfriend Gabriel Aubry, the father of her child, has obtained a restraining order against the actress' fiance, actor Olivier Martinez, days after the two were involved in a violent confrontation near her home on Thanksgiving.

Aubry, a model, was hospitalized with serious injuries, then driven to a police station and arrested formally on suspicion of battery after the altercation. A judge then issued an Emergency Protective Order (EPO) against him. It is valid until December 3 and dictates that he must stay at least 100 yards away from Martinez, Berry and their 4-year-old daughter, Nahla, who did not witness the fight.

On Monday, Aubry fired back by obtaining a civil restraining order against Martinez at a Los Angeles court, OTRC.com has learned. It states that the actor must keep at least 100 yards away from him.

Police sources had told KABC Television, OTRC.com's parent company, that it appears Aubry started the fight and that Martinez "apparently gave back more than Gabriel dished out." Aubry says in a statement published as part of the restraining order that the actor was the aggressor.

The model says he suffered a fractured rib, bruises on his face, including under his left eye, and required stitches in three areas in his mouth. A source close to the situation told KABC that it appears Aubry had punched and pushed Martinez, who injured his hand and neck but not seriously. Paparazzi photos taken over the weekend showed Aubry sporting a black eye.

Berry and Aubry, who were together between 2005 and March 2010, have been involved in a custody battle over their child. Aubry says he wants to share custody, while the actress wants primary custody of the child. Two weeks ago, a Los Angeles denied Berry's request to move to France with her daughter.

Berry and Martinez have not commented what Aubry says in his statement, published as part of the order.

The model says that since November 9 he and the actress had been following a 50-50 custodial schedule and had "reached an agreement through our lawyers about the schedule for Thanksgiving and Christmas this year." He said that contrary to a court order, he allowed Berry to have the child on Thanksgiving Day.

He says that on Wednesday, the day before the altercation, he had attended a Thanksgiving lunch at Nahla's school with the child. He said that while they were eating, Martinez "came up from behind me and to one side of me out of nowhere" and that Berry approached Nahla, who was sitting beside him.

Aubry says Martinez "seemed very angry and agitated" and began to speak in his native French, saying things such as "I wish I could beat the [expletive] 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." Aubry said he did not respond but was "taken aback" by the actor's "threats."

Aubry says that on the day of the altercation, he drove up to Berry's Beverly Hills home and was surprised to find Martinez waiting outside near the entrance.

"Nahla was in the backseat of my car on the passenger side and suddenly exclaimed, 'Olivier is here. I'm scared,'" Aubry says. "I recall thinking it was strange for Nahla to have said that and was concerned by it." He said he tried to calm her down, got out of the car and told her goodbye, after which an assistant took her inside the house.

Aubry says that Martinez told him "we need to talk." He says he then he went to close his car door and then Martinez suddenly "jumped on me on the side of my body and punched me such that he had taken me down on the ground."

"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 says. "It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming and thus, I was not ready for it and was not able to defend myself."

"While he was attacking me physically, Mr. Martinez said to me in an aggressive and threatening voice, 'You cost us 3 million dollars. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you. You're going to Paris, you're going to get your 20 grand a month in child support. From now on you're going to do drop offs on the street," Aubry states.

He says that Martinez told him that they had called the police and ordered him to tell the cops, when they showed up, that "you're the one who attacked me, or I'm going to kill you." Aubry said that he did not comply and told the officers that Martinez had attacked him, adding that they should watch footage captured on security cameras before it was deleted.

"At no time during the altercation with Mr. Martinez was I the aggressor," Aubry's statement says. "I never initiated any sort of physical contact with him on November 22, 2012 and in fact, as noted above, I was not even able to defend myself against his physical contacts towards me. Given the events of November 21 and 22, 2012, I fear for my physical safety if I am the presence of Mr. Martinez."

Hearings over Aubry's battery arrest and his restaining order against Martinez have been scheduled for December.

Berry meanwhile treated her daughter to a weekend show -- the two attended a performance of "Yo Gabba Gabba! LIVE!: Get The Sillies Out" at Los Angeles' Nokia Theatre L.A. Live on Saturday.

(Pictured above - L: Halle Berry, a cast member in 'Cloud Atlas,' poses with her fiance' Olivier Martinez at the premiere of the film on Oct. 24, 2012. R: This photo made available in Los Angeles Superior Court documents released Monday, Nov. 26, 2012 shows Gabriel Aubry.)

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