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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

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511.

ReKeau    

And furthermore, why is this clown showing up at school functions? If Halle feels in any way threatened by Gabriel she has the financial resources to hire a professional security team. Bet she wouldn't like Gabe having their daughter around some random chick! Halle is a poor excuse of a mother, whose number one priority should be her child, not a fiancée! It's not official until he ACTUALLY MARRIES her!

507 days ago
512.

Michael    

Given his injuries it looks like a sneak attack like he said. As well as he was very much on the receiving end and not the aggressor.

507 days ago
513.

andre`    

As I know Gabriel through a mutual friend, he does have a temper and have major anger issues. So I can attest to say that he may have provoke this fight. You should not have put your hands on anyone. If you choose to do that, then you choose to suffer the consequences. In Gabriel case, he got beat down. He deserved it. Second, they all are in fought. They need to try to work things out for Nahla sake since she is a part of all their lives. Come together and try to repair any damage that has been done.

507 days ago
514.

Kimberly    

I smell bull****!! I laughed all the way through this article. Cause it is clear Aubrey is lying!

507 days ago
515.

airrie    

I think you all are being mislead. martinez was a boxer.. meaning he can fight. so if someone gets in your face who cant fight of course they are going to get beat. and nahla is his business too considering they are engaged.

507 days ago
516.

jewel    

When you look at the injuries sustained by both Olivier and Aubry, it definitely seems that Olivier was the aggressor. His punching hand was swollen and bruised and most of Aubry's injuries were to the face and head making the assault very personal. Did you notice that Aubry had no marks on his hands making his side of the story more factual; that he was jumped, thrown to the ground, with little time to react.

507 days ago
517.

Chinita    

I remember Halle gushing on Letterman how much she loved Gabriel and his integrity. Now she has her man beat up her baby daddy and hires armed security. This is a real shame. She should go to France and leave Nahla with her dad. This will not end well.

507 days ago
518.

Sloane    

let's hope that the security cameras at the place captured the audio...not just the video

507 days ago
519.

Sloane    

I believe Aubrey!
Martinez is a trained and former boxer turned actor
....once I heard that I knew that he purposely wailed on Aubrey- and shouting in French meant that only he and Aubrey could understand what he was saying..threats.. whatever....
he sees Aubrey as his enemy... an obstacle to be removed like an opponent in the ring
so that he and Berry can go off to France
.
would love to see a lie detector test asministered to both men
if it was done I think Martinez wouldn't fare too well

507 days ago
520.

Liz    

Oh man! I think Olivier real intention was to kill Gabriel..that looks like the beat down of the century..poor Nahla having to grow up in this kind of violent environment! Her mother should be ashamed of herself.

507 days ago
521.

Constance    

Olivier is short; he pinned tall Gabriel to the ground and tried to destroy his face. Olivier tried to destroy Gabriel's livlihood.

507 days ago
522.

Deevo    

Wow, a face is beaten beyond recognition and that persons hands are in untouched condition... The other guy has a broken fist... Judge, who's to blame?

507 days ago
523.

Sapphiegirl    

CRY ME A RIVER! YOU DELIBERATELY SET OUT TO CAUSE A PROBLEM WITH HALLE BERRY ON THANKSGIVING! OF COURSE HE DOESN'T GET THE MEANING OF THANKSGIVING SINCE HE IS FROM CANADA! WHAT YOU DID CAUSED MORE HARM TO YOUR OWN DAUGHTER THAN THE DAMAGE ON YOUR OWN FACE!

507 days ago
524.

Noreen    

This is ridiculous. Halle needs to get control of her mental condition & this fiance of hers needs to go to jail. It is very clear he was the attacker ... Halle is a LOON and, apparently, that is what her & her fiance have in common. I hope the truth comes out ... Those pictures are BRUTAL!

507 days ago
525.

irishjess    

Frog ass needs to be sued for what he did, serve time for criminal acts and be DEPORTED...

507 days ago
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