Halle Berry's ex-boyfriend Gabriel Aubry, the father of her 4-year-old daughter, has dropped a restraining order he had obtained against the actress' fianc?, Olivier Martinez, after the two men got involved in a violent confrontation on Thanksgiving, OTRC.com has learned.
The move was one of the decisions the former couple had made in an "amicable agreement" over legal issues that arose after the brawl. Their lawyers announced the settlement on Thursday, a week after the November 22 incident.
On Friday, November 30, Aubry and the child, Nahla, reunited for the first time since the brawl. They were photographed by paparazzi as seen in pictures posted by TMZ, suggesting that an Emergency Protective Order the actress obtained against him after the fight had expired or had been lifted as well.
Police sources had said that it appears Aubry started the Thanksgiving fight and that Martinez "apparently gave back more than Gabriel dished out." Aubry, a model, suffered serious injuries, including a black eye, and claims that Martinez was the aggressor. However, he was the only one arrested after the altercation, on suspicion of battery.
A judge then issued an Emergency Protective Order against him. It had been set to expire. The order had dictated that he must stay at least 100 yards away from Martinez, Berry and Nahla, who did not witness the fight. On Monday, the model fired back by obtaining a civil restraining order against Martinez.
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."
A Hearing over Aubry's battery arrest had been scheduled for December.