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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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1039 COMMENTS

No Avatar
31.

annieg    

if Martinez is a boxer, is in more legal trouble?, as he is a trained fighter?

591 days ago
32.

pmg    

Well how about that TMZ? Looks like there is another side to the story!

591 days ago
33.

Hot Farts    

WHORRY "THE HATED" BERRY

591 days ago
34.

Bellaca    

WTF? Sigh

591 days ago
35.

DiM    

His lawyer is just doing the sensible things that require doing, no drama. Everyone know that drunk Martinez instigated the "fight", i.e. bashing Nahla's Dad's face and ribs in.
Hopefully, all of the unnecessary drama will blow up in Halle's face. Just awful that Gabriel may have to miss his Spring Campaigns though.

591 days ago
36.

Sassy    

I honestly am team neither. I don't know who is telling the truth. Was there surveillance?

591 days ago
37.

seamus     

Halle is making foolish and desparate moves. I can't believe that the judge has some sense. Bravo. Keep digging your hole deeper and deeper Halle. It is just to bad this poor child has such a disfunctional mother.

591 days ago
38.

Shaunie    

Racist much?

591 days ago
39.

dd    

Everyone is nuts...have the damn bodyguard hand the baby off.

591 days ago
40.

Grow Up    

I am really saddened by all the comments claiming it was okay for Gabriel to put his hands on another person. Having watched my husband go through a nasty custody battle with his ex-wife, I have seen how horrible things can be. I have heard and been called horrendous things. Yet, we have all managed to keep our hands off one another. If things are so hostile, it's called a parenting plan, which can keep Olivier from talking to Gabriel. It's called having a neutral party exchange the child. Since Gabriel has won the last few battles in court, it's not as if he is at a legal disadvantage, so again, I'm not seeing a valid reason for his physical outburst. As my children know, there are no words which should cause them to put their hands on another person. And if they do, they have to deal with the consequences (which may include an unexpected ass whooping).

591 days ago
41.

dd    

Damn he got his ass BEAT!

591 days ago
42.

team gabriel    

I never make comments on these sites, but holy crap, I am so stoked that Gabriel got this restraining order!

591 days ago
43.

itznarin    

I can't stand Halle berry no more.

591 days ago
44.

erica    

PLEASE seek to get a restraining order on Oliver so he can't be around Nahla. Halle needs to lose custody of that girl PRONTO.. She is a horrid mother

591 days ago
45.

feelicks    

real men dont get restraining orders. BIG PUSSSY

591 days ago
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