Halle Berry, Gabriel Aubry continue battle in court

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Halle Berry and her ex-boyfriend continued their legal battle Tuesday after a violent Thanksgiving incident.

Gabriel Aubry, who has a daughter with the actress, unsuccessfully sought to have a judge lift a temporary restraining order Berry has against him.

Aubry is seeking his own protective order against the actress’ fiance, Oliver Martinez. Aubry claims Martinez beat him and threatened to kill him if he didn’t move to Paris, according to court papers. But police arrested Aubry on suspicion of battery.

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 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 Aubrey be ordered to stay 100 yards from her daughter and her fiancé. Berry alleged Aubrey 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