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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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16.

BW    

Oh, and Go Gabe! I hope the whole story comes out cuz I don't think it is going to turn out as Halle planned.

673 days ago
17.

hi    

This story get crazier by the day

673 days ago
18.

Jackie    

I was wondering if he would file for his own restraining order....If I was Gabriel Aubry I'd try to get something to keep Olivier away from the kid too. >>>>BTW I remember last year or so people came out in Gabriel's defense saying he had plenty of psycho phone messages from Halle and accounts of her unreasonable behavior BUT he wouldn't be releasing them and he was trying to keep things in court...Notice this guy almost never says ANYTHING in public...meanwhile Halle has things press released every month talking crap about him.....Every single relationship Halle gets into there is a major issue and a restraining order...WHAT'S THE COMMON DENOMINATOR??....HER.

673 days ago
19.

Peace82    

Yessss Gabe!!! This is great he's fighting back!! I hope he sees they were trying to set him up and I'm also hoping the video will prove he didn't start this!

673 days ago
20.

Sandy    

I am happy he did that, Oliver should have never went up to his car, Halley should be ashamed, I hope it back fires on her and Oliver!!!!

673 days ago
21.

Hot Farts    

TEAM GABE!!

673 days ago
22.

JLS    

It's about time. Halle set all of this up to make Gabriel look violent as a precursor to removing any kind of visitation he has with the child. She is going to move to FRANCE and the only way she can do so after the judge said no, is to dirty up Gabriel. Nasty and horrible, she is.

673 days ago
23.

rumsrite     

Nice. He deserves it

673 days ago
24.

kimkardashianstalkingass    

I agree with what Majestik posted on page one, why is Oliver involved in the Nahla hand off in the first place? All that money between them and no brains. Now for my joke, of course Gabriel got a restraining order on Oliver - if I got my ass kicked like that, I'd make sure there wouldn't be a Round 2

673 days ago
25.

CB    

DCPS is now involved which I would think does not bode well for Halle/Martinez. Gabriel is doing the right and methodical thing. If all Martinez has is a bruised hand, then Gabriel should have a huge lawsuit to file. The only reason why Martinez' hand is bruised is because of deliberate contact with Gabriel's face. Also, he should hire a detective and research Martinez' past. Chances are he's a rager.

673 days ago
26.

YouDontSay    

Kudos to him. I did not understand why a boxer needed a protective order against a average citizen.

673 days ago
27.

JLS    

Violent violent violent OLIVER. Eventually, he will connect on Halle and the child.

673 days ago
28.

cristy    

Go Gabriel !!!!

673 days ago
29.

Denver    

They look like brothers.

673 days ago
30.

Shaunie    

Doesn't matter he will lose in the end. Gabe is such a loser

673 days ago
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