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Gabriel Aubry

Halle Berry's Fiance

Threatened to KILL ME!

11/26/2012 6:10 PM PST BY TMZ STAFF
EXCLUSIVE

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Gabriel Aubry has obtained a restraining order against Halle Berry's fiance Olivier Martinez, who busted Gabriel's face during a brutal brawl on Thanksgiving ... and Gabriel's declaration (which includes graphic photos of his injuries) paints a radically different picture of what went down at Halle's on Thursday. 

According to Gabriel's declaration, filed by his lawyer Shawn Holley, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel and whispered in his ear in French, "I wish I could beat the s**t out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

The next day, Gabriel says he took Nahla to Halle's at around 10 AM. He says in a completely unusual move, Olivier came out of the front door -- usually the nanny was the go-between. Gabriel claims Olivier said, "We need to talk." Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle's failed move to take Nahla to Paris).

Gabriel says Olivier took his head in his hand and slammed it on the concrete driveway.

According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him. 

Gabriel claims Olivier then said, "We called the cops," and that when they show up, "you're going to tell them that you're the one who attacked me, or I'm going to kill you."

Law enforcement sources tell TMZ ... Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight.

Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.

Gabriel's lawyer attached photos of his injuries which are brutal. 

Sources on Halle's side claim it was Gabriel who flew off the handle and started the fight.
 
As TMZ first reported, an emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla. We're told Halle's lawyers will go to court this week in an attempt to have the order extended.

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3:50 PM PT -- Moments ago, Olivier arrived to Cedars-Sinai Medical Center in Los Angeles to get his hand checked out (picture below).

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1037 COMMENTS

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1.

mp3junkie    

Oh this getting good. Sits back and grabs the popcorn.

697 days ago
2.

Majestik    

For all the Naysayers against Aubry. I'm still waiting for your reasoning of WHY Martinez involved himself in an exchange with a little girl between her daddy and mommy. I'm also waiting for an explanation how Martinez was close enough to Aubry when he supposedly just said "It's time we moved on" that Gabe could push him?
.
Bottom line, Martinez came out of the house, confronted Aubry too damn close for comfort and Gabe felt threatened. I can't wait for the excuse of why Berry doesn't have video surveillance of the whole Melee, cause you know, she's scared to death for her and her daughter and is the reason she wants to move to France. Not to mention, she's had a stalker that's shown up at her house twice in the past.

697 days ago
3.

LizzieBlueEyes    

I can't believe a judge is letting Halle retain custody while she has Olivier around. This is none of Olivier's business though I a'm sure Halle egged him on. How would SHE feel if Aubry's girlfriend got involved in this custody battle?

697 days ago
4.

karen    

I dont think Olivier would want to see him again anyways.

697 days ago
5.

Tmzfan    

Good for him!

697 days ago
6.

KnuckleDragger    

Your turn to get a restraining order, Nahla.

697 days ago
7.

Buckaroobonzai    

funny thing is... Olivier will prob hate the b!tch (halle) in a few more months after a sour breakup and still have this sh!t to deal with

697 days ago
8.

LK    

NXT STEP IS 2 HAVE 1 4 OLIVER 2 STAY AWAY FM HIS DAUGHTER 2
GO GABRIEL !!!!!

697 days ago
9.

Joann    

This makes me very happy. He should also try to take action to keep his daughter away from Martinez.

697 days ago
10.

LK    

TEAM GABRIEL !!!
I SHD MAKE SOME T'SHIRT & MAKE SOME FAST CA$H !!!! LOL

697 days ago
11.

Seldombinlaid    

No one judge is going to believe Scarey Berry. Her new guy is a fool. So is she, because some day she'll rub him the wrong day, and she'll have ass handed to her. It'll make Chipmonk Brown look like Little Bo Peep.

697 days ago
12.

BW    

This is only a one-sided fraction of the story. So how long does this last? Till the battery case is resolved,etc? And what are the terms? The Judge can't possibly take everything Halle and her team say as the truth, without hearing GA's side of the story, or having his matter heard or resolved. Or seeing the surveillance tape.

697 days ago
13.

cherries    

TEAM GABE!! Don't let those jerks bully you

697 days ago
14.

Hot Farts    

I said yesterday that is what he should do. This order should take precedence over hers as hers was an emergency restraining order and will exprire and now that there is one already in place that court will take over. Aubry no doubt added Halle's name to is TRO as well. This will be heard in around 20 days. At that time both sides will bring their proof and the order will either become permanent or will settle. The court will allow them time at the hearing to meet and settle the matter between their attorneys or fight it out and to the victor goes nothing really. Just cant go near each other and it is on the record of all parties involved unless it is sealed. Dont think they want to go near each other anyway.

Whorry Berry does not get that spoiled bitches do not get their way in family court. The likely outcome will be that the parent more likely to see that both parents are part of the child's life will get custody and an exchange party will be arranged to do the dropping off and picking up.

REMEMBER THE CASE WITH THE GUY FROM LOST - HE GOT CUSTODY BECAUSE THE MOTHER KEPT MAKING IT DIFFICULT FOR VISITATION - JUDGE SNATCHED THAT KID UP OUTA THERE

697 days ago
15.

FLO    

Godd because this is not Ollie Martinez's 1st fight as he attacked the Paparazzi before.
He certainly should not be around Nahla after what e did to Gabriels face.
http://icydk.com/2010/12/03/olivier-martinezs-paparazzi-fight/

697 days ago
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