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Halle Berry Thanksgiving fight reviewed by L.A. prosecutors

November 28, 2012 |  9:15 am

The Los Angeles city attorney's office said it expects to begin reviewing the fight at Halle Berry's home on Thanksgiving next week to determine whether her ex-boyfriend, Gabriel Aubry, should face criminal charges.

Aubry was arrested on suspicion of battery related to the fight between him and Berry's fiance, Olivier Martinez, at the actress' Hollywood Hills home. Aubry claims he was actually the victim in the incident and sought unsuccessfully Tuesday to have a judge lift a restraining order Berry has against him. Aubry is seeking his own protective order against Martinez, who Aubry contends threatened to kill him, according to court papers.

Law enforcement sources said the city attorney, not the L.A. district attorney, would examine the case and decide on charges. Police are still investigating the incident.

PHOTOS: Halle Berry, Gabriel Aubry, Olivier Martinez

Since Aubry and Berry split in 2010, the couple have shared custody of their daughter, Nahla, but in 2011, Berry sought permission to move to Paris with Nahla. Los Angeles County Superior Court Judge Mark A. Juhas denied the request this month, setting the stage for the latest fireworks.

Aubry alleges in court papers that during the Thanksgiving fight Martinez told him to tell the judge in the custody case that "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," Aubry’s declaration quotes Martinez as saying.

Martinez then threatened to kill him unless he told police that he said he initiated the altercation, Aubry's filing says. Aubry also claims that during the fight he suffered a fractured rib, bruises to the face and cuts that required stitches.

In an application for a protective order Thursday, Berry asked a judge that Aubry be ordered to stay 100 yards from her daughter and her fiance. Berry alleged that 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

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