The two got into a fight outside Berry's home when Aubry was dropping off the couple's daughter on Thanksgiving Day. Both men went to the hospital for treatment.
On Monday, graphic photos and new accusations emerged. Aubry claims Martinez threatened to kill him during the brawl that left him with a broken rib and a bruised face. The Canadian-born model's claims are detailed in the court filings that prompted a judge to grant the restraining order against Martinez.
In the court documents, Aubry said he was about to get in his car to leave when Martinez told him they needed to talk.
"All of a sudden, Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to 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 said.
The 37-year-old claims it all happened so fast that he didn't see Martinez coming and wasn't able to defend himself, as suggested by photos of Aubry's unmarked hands.
"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. I'm not just some [expletive] actor, you don't know me,'" Aubry said in the filing.
Aubry and Berry had been involved in a bitter custody battle over their daughter, Nahla. A judge ruled last month that Berry could not relocate the child to France, where the Oscar winner was hoping to move with Martinez.
Aubry claims Martinez threatened him the day before the fight at an event at his daughter's school. And on the day of the scuffle, Aubry claims that Martinez threatened to kill him if he didn't tell the cops that he was the one who attacked Martinez.
Aubry was in fact arrested and charged with misdemeanor battery. He was released on $20,000 bail. He is scheduled to appear in court Dec. 17. Meanwhile, Aubry was ordered to stay away from Martinez, Berry and their daughter. That court order expires Tuesday. Representatives for Berry and Martinez have not commented on Aubry's claims.
