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Gabriel Aubry seeks protection after fight with Halle Berry fiance

November 28, 2012 |  3:59 am

Halle Berry and her ex-boyfriend, Gabriel Aubry, continue to battle in court after a Thanksgiving fight at the actress' home that resulted in Aubry's arrest.

Aubry will be in court soon facing allegations of battery related to that fight. He claims he was actually the victim and sought unsuccessfully Tuesday to have a judge lift a temporary restraining order Berry has against him. Aubry is seeking his own protective order.

Aubry, who has a daughter with Berry, said the actress' fiance threatened to kill him if he didn't move to Paris, according to court papers.  

PHOTOS: Halle Berry, Gabriel Aubry, Olivier Martinez

Aubry said he had been romantically involved with Berry between 2005 and early 2010 and the couple had a daughter, Nahla. After ending the relationship, the pair has fought over whether Berry should have primary custody or joint custody with Aubry.

They shared custody, but in 2011, Berry sought permission to move to Paris with her daughter. Los Angeles County Superior Court Judge Mark A. Juhas denied the request earlier this month, setting the stage for the latest fireworks.

Aubry and Berry's fiance, French actor Olivier Martinez, got into a fight on Thanksgiving at the actress' Hollywood Hills home. Aubry claims he suffered a fractured rib, bruises to the face and cuts that required stitches. He was arrested on suspicion of misdemeanor battery after police responded to a call that he had gotten into a fistfight with Martinez.

Aubry is seeking a restraining order against Martinez.  Berry filed a protective order against Aubry last week.

During the Thanksgiving fight, Aubry alleged in court papers that Martinez told him to tell the judge in the child custody case "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," Aubrey’s declaration states. Martinez then allegedly threatened to kill him unless he told police that he said he initiated the altercation.

In a separate application for a protective order Thursday, Berry asked a judge that Aubry be ordered to stay 100 yards from her daughter and her fiancé. Berry alleged Aubry made “verbal threats, caused physical harm to the child’s mother and Martinez.”

Aubry is scheduled to appear in court Dec. 13.


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-- Andrew Blankstein

Photo: Gabriel Aubry and Halle Berry. Credit: Kevin Winter / Getty Images.