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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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46.

FairisFair    

Aubry needs to go to Court when Halle does, armed with photos of the his face AND the fiance's knuckles, demand the video surveillance that Halle is no doubt hiding of the incident AND FIGHT HER PROTECTIVE ORDER! He should NOT have that on his background check. But the fiance SHOULD have one against him! The fiance is clearly dangerous. And Halle is putting her daughter in the presence of that guy? Aubry needs to point that out to the Judge. Messed up.

674 days ago
47.

missbhaven    

BOYCOTT HALLE BERRY
JOIN HOLLYWOOD AND BOYCOTT HALLE BERRY

674 days ago
48.

FairisFair    

As it should be. I was wondering if he was going to take action. The whole situation seemed like a malicious set up to make it look like Aubry was the perp. This wreaks of a manipulative, nasty Halle & fiance. Aubry should press criminal charges against the fiance and get a lawyer- sue him as well. They have left him no choice.

674 days ago
49.

intrigued    

Halle has Olivier being crazy like her. He needs to run as fast as possible away from her. Hopefully this will give Gabriel full custody of Nahla so that she can grow up peacefully.

674 days ago
50.

YouDontSay    

Holy crap thanks for the new photo. Good grief anyone who sides with Halle and Martinez are absolute imbeciles.

674 days ago
51.

..EW..    

Apparently Halle is leaving with a very violent person... I hope she loses custody of her daughter.

674 days ago
52.

MyOpinionOnly    

I don't care what that beoytch says...I totally think that Gabriel was jumped by her new douchebag! She is bitter and pissed that she lost (which was the right thing) and has obviously gotten olivier all mixed up in it as well. There should be NO communication between Gabriel and Oliver anyways. He is NOT her father and therefore, Gabriel needs to go back to the courts and arrange to have a thrid pary always there while they switch the child. She has been saying forever that he has anger issues and it only seems to come up with her regarding their child. Yeah I would be pissed too if I was Gabriel all the time!

674 days ago
53.

Sunset    

I am very happy about this! I wish Gabriel would ask for the restraining order to extend to Oliver not being near his daughter. If he is as violent as he said he should not be near his daughter. I also wish that Gabriel would press charges against Oliver for this and I am not sure why he hasn't. I believe Gabriel 100% and I think most people do. All the things in Gabriel's declaration sound like something Oliver would do. Oliver did get in a skirmish with paparrazzi a while ago proving he has a bad temper. Gabriel never has done that. I hope so much that the judge sides with Gabriel and allows him to see his daughter. They need to view the security video if one exists which it probably does since most celebs have them especially one who has had a stalker like Halle. I read Gabriel might be deported for the arrest even if he is not convicted with is disgusting! You can't just deport someone because some sleazeball like Oliver made a citizen's arrest and they talk to witnesses on Halle's side only probably. GO GABRIEL!

674 days ago
54.

Shaunie    

Dear Santa, please send Gabe to my boat wearing cement shoes! Also Chris Brown. Thank you!

674 days ago
55.

Majestik    

HOLY FCUK! I just punched back into this thread. THAT"S AUBREY"S Face? That's NOT the face of a man that was an aggressor and the alleged guy, Martinez was defending himself. If Aubry did indeed push Martinez it was because he was too close to Aubry, at a time when he had NO BUSINESS being in the man's face. That's two black eyes, a broken rib and a head wound? That's NOT self defense that's a FIANCEE with angry issues who thinks it only takes a mild push and a swing of the fist to hit a guy SEVERAL times. The fact this guy was trained as a fighter, if he hit Aubry once, he went down on the ground, he should've walked away. SOMETHING STINKS in this whole thing and we all knew it was a set up from the start. I hope the JUDGE really looks at this VERY closely.

674 days ago
56.

Who is the parent    

There is three sides to every story yet Gabriel's seems more plausible. Just by the mere fact the nanny didn't go to greet for the exchange that Oliver did speaks volumes to the credibility of Gabriele's story. And lol re the "we spend millions part" wow your fiancee mind is on $$$ Halle you have been warned

674 days ago
57.

happypat35    

Gabe has no reason to lie. He already has shared custody. I'm sure there were witnesses at the school play to support what happened. Halle not winning.....kiss your custody good-bye Halle.

674 days ago
58.

niles    

Frankly, his side of the story sounds more believable. These people are used to getting whatever they want, and will stop at nothing to get it.

674 days ago
59.

happypat35    

Depart Oliver Martinez! I heard his visa was up anyway.

674 days ago
60.

Steve    

I think Halle Berry and the Kardashians have the same PR spin team...

674 days ago
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