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Halle Berry's ex-boyfriend due in court next month on battery charge

November 30, 2012 |  8:20 am

Although Halle Berry and her ex-boyfriend have called a truce to their various legal battles, he must still go to court next month on a battery charge related to a Thanksgiving brawl at the actress' home.

Berry and Gabriel Aubry said in a joint statement Thursday that they "reached amicable agreement" to their legal fights but did not provide any details. Aubry remains the subject of a criminal investigation after he and Berry's fiance, Olivier Martinez, got into a fight at Berry's home.

Aubry claims he suffered a fractured rib, bruises to the face and cuts that required stitches during the altercation. In court papers, Aubry described the incident in detail. He is scheduled to appear in court Dec. 13.

PHOTOS: Halle Berry, Gabriel Aubry, Olivier Martinez

Aubry, who has a daughter with the Academy Award-winning actress, was arrested on suspicion of misdemeanor battery after police responded to a call that he had gotten into a fistfight with Martinez.

Aubry alleges in court papers that the hostilities between him and Martinez escalated when he attended a Thanksgiving lunch at his daughter Nahla’s preschool.

During the lunch, an "angry and agitated" Martinez approached him and threatened to beat him, telling him, "You're lucky we're in school right now," Aubry's declaration alleges.

Berry, accompanied by Martinez, took Nahla outside and ordered Aubry not to follow them, Aubry told authorities. Berry and Martinez eventually returned with Nahla, but then left, he said. The next day, Aubry said, he brought his daughter to Berry's home.

He said that when he pulled up to the front door of the actress’ residence, Martinez was waiting outside. After Berry's housekeeper retrieved the girl, Aubry alleges, Martinez asked to talk to him, then attacked him.

"He continued to punch me at least two or three times, kicked me in the ribs ... and took my head in his hands and slammed it to the concrete driveway," Aubry said. "It all happened so fast, 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."

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-- Andrew Blankstein

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