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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
61.

Dina    

Yeah, sure he did. Gabriel's account has "made-up" written all over it, and couldn't be any cornier. His account to me just proves that he has lost his natural mind. She has the WORST taste in men.

609 days ago
62.

DiM    

I'm not kidding. If Halle does not manipulate to get Gabriel's work visa suspended and deported to Canada, she will likely hire a hitman next. He must feel it is worth it to maintain his relationship with his daughter.

609 days ago
63.

itsme    

OK, y'all I am not surprised! Ol' Frenchie was threatening to kill Gabe en Francais (in French), so no one else would have understood it.

609 days ago
64.

Laura    

I'm going to assume the truth lies somewhere in the middle--and the loser in this is the child. Three adults, whether they like it or not, all need to grow up for the sake of this child. Just grow up all of you.

609 days ago
65.

seamus     

Even Paul Mccartney and Heather Mills can drop off and pick up their daughter without problems. I have seen them do it themselves in the Hamptons. And they had a nasty divorce. Halle you are a BITCH.

609 days ago
66.

JennyLH    

Well, if Gabriel instigated why does he look like he was caught by surprise. That looks like a sucker punch. I can't stand Halle Berry. Another typical baby momma

609 days ago
67.

Shaunie    

I don't know why everybody thinks he's the one good apple in her bunch. They're ALL rotten including ugg mugg Gabe

609 days ago
68.

get a clue    

kinda funny how he brings this story to light days after the inceident. Why did he wait so long to make these claims or take these photos?? Oh wait, its becaue everyone knows that bruises get worse with time and my guess is he wanted to look his worst for the story.

609 days ago
69.

team-martinez    

im glad he got his ass whooped!! im not a big fan of halle but aubry's story sounds so fake .....i dont believe him at all...

609 days ago
70.

IKnowthismuch    

Aww, if a video was to surface and shows Gabriel started all of this, tell me what would you think? Also, if Oliver started this, WHY DIDN'T GABRIEL AND HIS LAWYER FILE A CIVIL LAWSUIT AGAINST OLIVER? WOULD IT BE THAT HIS TORY WOULDN'T HOLD UP IN COURT?????

609 days ago
71.

hi    

Oliver has no business to tell this man what to do,Gabriel's her father

609 days ago
72.

Trooper Tom    

Now this sounds like pure fiction when the cops turned up Aubry could tell them what ever he wanted

"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."

609 days ago
73.

wow!    

Omg!!!!!!!!!!! Honestly I believe this! Olivier atracked a photog once....he's insane

609 days ago
74.

seamus     

And just wait until Halle breaks up with this new loser. She will be on all the talk shows crying about how evil this man was. By they way what happened to her step daughter from Eric Benet I remember her telling everyone how much she loved her. Not so much hey Halle?

609 days ago
75.

scott    

halle put the CO in codependent...lol

609 days ago
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