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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

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.

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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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76.

PINK PILGRIM SHOE    

I stand by my comments yesterday that Olivier has a dangerous temper and should not be allowed anywhere near Nahla!

664 days ago
77.

BabyBlueAllStar    

I just looked at the pictures...Gab has NO visible signs of trauma to his hands...so that makes me question everything reported originally.

I"m praying HARD he is vindicated and the judge(s) see through the character assassination.

664 days ago
78.

Dawn    

Now this sounds like what would have taken place! Gabriel has won time and time again against the she devil herself! There is NO need for him to be enraged or anything, he had the law on his side and his little girl! WHO would be the most enraged with this deal? You betya, Halle and Olivier BLAME Gabriel - who knows if they both conived to set this in motion, but it's irrelevant because she has moved forward for a restraining order! I TRULY hope Olivier gets arrested for uttering death threats, assault, battery, and even possibly attempted murder! Gabriels face shows rage, it doesn't show the attacker. Halle I HOPE you loose full custody of Nahla - obviously if you allow or push for what happened to happen you and your boyfriend are a danger to that little girl! Remember people, just how many custody issues have ended tragically? It's irrelevant if she is famous or not! Obviously she rules with her temper and rage, that is NOT good to have around her child! DISGRACEFUL!

664 days ago
79.

Obamais still aracist    

typical liberal obama supporters lilo sheen just to name a few,I always vote against celebs cause they are idiots

664 days ago
80.

Maia    

Come on Gabriel!! This whole affair smells like a setup and junk. Aubry was mullered. Poor kid.

664 days ago
81.

mike cohen    

That is so f'ing horrible what Oliver did to Gabriel's face.. absolutely HORRIBLE.. and I hope Oliver gets DEPORTED!! Gabriel, don't you dare give up.. he needs to be arrested and far away from your daughter.

664 days ago
82.

wow!    

Since Olivier loves France so much.....deport his a**!!!!!!

664 days ago
83.

Obamais still aracist    

Halle lied the gold is off the lilly

664 days ago
84.

DiM    

How could Gabriel say much of anything to the cops being nearly unconscious?

664 days ago
85.

Trina    

OUCH!

664 days ago
86.

Zoe    

Go Gabriel go!!! I hope the judge throws the book at Halle Berry!

664 days ago
87.

ANS84    

This whole thing makes me sick. Dude loves his daughter and shouldn't have to put up with this to be in his kid's life. Halle is so selfish. Guy gets crap beat out of him and gets a protective order AGAINST him? So wrong. I hope Gabe gets justice...and full custody.

664 days ago
88.

GERSEYGAL    

Halle is a wack job, just ask her 2 exhusbands!!!!! The judge should give the little girl to her dad.................Tell Frenchie to hit the road!

664 days ago
89.

vrod    

Why can't these adults be civilized for the sake of the little girl? She's caught I'm the middle of this whole mess. Halle, you should know better and put a stop to this and think about what's right for your kid. Idiots!

664 days ago
90.

imrighturwrong    

I hope Halle is next..

664 days ago
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