TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Gabriel Aubry

Halle Berry's Fiance

Threatened to KILL ME!

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

1126_gabriel_aubry_injuries_launch
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.

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

1126_olivier_martinez_splash

1039 COMMENTS

No Avatar

Previous 15 Comments | 33 | 34 | 35 | 36 | 37 | 38 | 39
571.

Toni Cole    

This should have never taken place all were acting like Animals my concern is where was the baby did she see her dad get beat and something tells me Halle is no Angel in all of this OMG ! just proves rich people are Ghetto too!

506 days ago
572.

Polly    

This has lots to do with Halle. Her past with men confirms this. Not all us ladies play fair and she is one of them. I feel badly for
Aubry who Nahlia gets all her good looks from.

Halle is not stable!

506 days ago
573.

cb    

Wow he got his punk ass whopped! Bigoted jerk!

506 days ago
574.

Bubba    

The kind of behavior that Halle Berry and her new beau are displaying is detrimental to the children and makes everyone look like white trash, no matter how much money they have. Halle Berry has behaved like nothing less than the typical Ghetto Queen throughout her break up with Gabriel Aubrey and obviously does not take into consideration the long term implications on her child, or on her public image. But why would she - she killed a 10 year old boy in a hit and run in Santa Monica years ago... she's the classic self absorbed Movie Star.

I hope for the child's sake that her father is awarded Sole Custody. He appears to be the reasonable parent. Halle Berry can move to France and leave her child with a father that sincerely cares about her best interests.

506 days ago
575.

kaden    

You can see the damage to Olivers hand .He had to do the punching, Halley is known as a trouble maker,ask her other husband;s they say she has mental problems

505 days ago
576.

Yessica Flores    

I guess he deserved the beatdown...
If I were a woman like Halle and this d-bag left me with nothing, just a daughter, I'd rather to trying to bring my life back (if is someone hottie, such as Mr. Olivier, much better)... Aubry is a d-bag and a troll, because if Nahla is living in France, he will not have any chance to get any $$$ from Halle... Period!!!!

505 days ago
577.

Grace Richardson    

If this is all true, I would be afraid to have Mr. Martinez with my child. Halle seems to be attracted to men with anger issues.

505 days ago
578.

Bunny    

How do you say "loose cannon" in French?

505 days ago
579.

sand    

Halle Berry is a crazy and vindictive woman. She has a problem with all the men in her life and uses the Media to vilify them. We are not falling for this Set UP and ambush she initiated against her ex Gabriel Aubry. The judge made a decision and Halle is simply evil for tring to portrait Gabriel Aubry as violent. Clearly the judge should remove the child from her care for being so vindictive and evil. Remember the hit and run from which she took no responsibility. Dreadful woman!

504 days ago
580.

dmore4YOU    

Gabriel Aubry needs to wins sole custody. Hallle may have given birth to Nahla, but, her current fiance Olivier Martinez is a crazy violent man that beat her baby's father!!! This is Domestic Violence. That child should be NOT be near Martinez. He is ugly, he is horrible and he needs to be taught violence is never the answer. The way he beat the face of Gabriel; when one punch - one punch would have been one punch too many. He claims self defense, no way, he never stopped hitting and punching he is psycho. These photo's show how he hit Gabriel. No verbal insults, nor argument justify how Oliver Martinez repeatedly punched and smashed Gabriel's face. Olivier Martinez is just ugly, inside and out. Any woman that can stay with a man who beat her baby's father violently like that, rather then thinking about her providing safe and peaceful home for her daughter, is not behaving like a mother. Her alliance to Martinez is her acceptance of violence. I pray that Gabriel heals and fights the final round in court and he takes his child far away from that man and the sooner the better!!!

501 days ago
Previous 15 Comments | 33 | 34 | 35 | 36 | 37 | 38 | 39

Around The Web