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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

No Avatar
91.

cc    

Halle Berry is an idiot. Plastic surgery can't fix that...

632 days ago
92.

Jorecia    

I believe that Gabriel was set up by Oliver and Halle because of the custody battle they lost, Oliver and Halle was upset because they couldn't take the daughter to England. That sound like motive enough to start a fight to eventually win the battle if they take it back to court. Making Gabriel out to be the bad guy.

632 days ago
93.

vrod    

*in

632 days ago
94.

Trina    

Isnt GA a model? If he is scarred he could lose any potential future work as well. So they are not just trying to take his daughter away but also trying to ruin any chance of making money. I realize that he pretty much lives off the CP allowance but still, I am sure he wants to work at some point?? I wonder if the kid saw this??

632 days ago
95.

Dino the Dinosaur    

What a piece of crap Halle Berry is. Real easy to see she puffed up Martinez in a ploy to get a restraining order and then eventually steal his daughter and move to Paris. Martinez been play boxing for a few months now. It is sad the little girl will grow up and see what her mother condones on her father. Oh ya, that's the time your mother had her boyfriend train and beat me up.

632 days ago
96.

Demi    

Halle Berry and her criminal French bull dog should go to jail. They premeditated this attack, and blamed on this poor man. He needs to sue those two dogs for his loss of work, he works with his face, what if any damages are permanent? Lets hope not. This is an absurd. Halle Berry go to hell!

632 days ago
97.

itsme    

Next moves for Gabriel:
1. Seek a restraining order on Nahla’s behalf that Olivier may not be anywhere around her because he has an extremely violent temper.

2. Get depositions from the photographers who were assaulted by Olivier in 2010 attack. Get photos of the attacks (there are plenty online).

3. Get depositions from others who may have witnessed Olivier’s temper or victims who have been assaulted by him.
4. Require Nahla’s visits with Halle to be supervised until/unless Halle proves she will not allow her violent boyfriend near Nahla.

5. Check immigration status of Frenchie.

6. Get Nahla into counseling ASAP. Keep it focused on what is best for Nahla and the fears she may now hold regarding the violent attack on her daddy by mommy’s boyfriend.
7. Examine Halle’s actions and statements regarding the fight.

8. Get Child Protective Services involved to assess other violence that may have occurred in Halle’s home while Olivier has been there.

9. Seek legal modification of Halle’s visitation, until her home is deemed a safe place for Nahla.

632 days ago
98.

Venomindenim     

What kind of a mother could allow the man that beat her child's father in her house or bed? When he beats Halle next, I don't want to read about it. She is inviting this danger into her life, I hope someone keeps the sweet girl safe.

632 days ago
99.

Who is the parent    

"Law enforcement sources tell TMZ ... Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight."

Well everyone knows to keep your mouth shut till your lawyers arrives so my guess is he didn't say anything but his name and can I make a phone call when he was arrested. I don't see him telling all the kool-aide without a lawyer. I assume his legal team taught him that much

632 days ago
100.

Zoe    

Why doesn't Gabriel have one mark on his hands from fighting and Oliver's fingers are all swollen? If Oliver was "defending" himself too why would Gabriel be beat up so bad? Gabriel's story sounds much more plausible than Oliver's/Halle's. And now she's trying to act like her life is in danger from Aubry with the restraining order and a guard with a gun at all times. Does this woman's games ever end?

632 days ago
101.

Mr. Obummer    

I really think that Gabriel genuinely love her daughter and wants to be in her life. Regarding the support money he's getting from Halle, that's because Halle simply makes more than he does. I wish Gabriel will get full custody of Nahla and Halle will learn that her daughter well being should comes first.

632 days ago
102.

DiM    

TMZ won't let me 'like' pro-Nahla & Dad posts.

632 days ago
103.

irishjess    

Olivier can go kick rocks! He's the instigator and hopefully the surveillance video can prove that... I don't trust frog face or Halle Berry and I hope that a judge sees right thru her ploy to bring Gabrielle Aubry down. I'd sue the hell out of both Berry and Martinez if I were Aubry... Knock his errelevant no acting ass out that way!

632 days ago
104.

tess    

No matter what, these pictures are now on the internet. When Nahla grows up and sees for herself these pictures of what that punk did to her dad, she's going to hate Halle so much for defending the guy who did it.

I have thrown out all of my Revlon products (can't believe I had the stuff I totally forgot). Haven't seen a Halle movie since Xmen and never will.

632 days ago
105.

MrsRivers17    

Where are the security tapes from the home? There must be cameras since Halle Berry's whole argument for moving to France was fear of harm. Who wants to bet the film was "lost" or the camera was "broken"?

632 days ago
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