Gabriel Aubry -- Halle Berry is NOT My Ex-Wife

Halle Berry is NOT Gabriel Aubry's ex-wife, despite multiple references made in legal docs filed by Gabriel's attorneys ... TMZ has learned.

Gabriel's lawyers filed a petition for a restraining order against Olivier Martinez. In the docs, there are multiple references to Halle as Gabriel's "ex-wife."

Sources involved in Gabriel's case tell TMZ ... it was simply an error -- Gabriel and Halle were never married.

One other loose end on the fight front. We reported earlier today it is highly unlikely Gabriel will be prosecuted for battery. Aside from law enforcement's view that it was "mutual combat" between Gabriel and Olivier, another thing in Gabriel's favor is that the moment police arrived, Gabriel repeatedly asked cops to check the video. The upshot -- he had nothing to hide and wanted them to see how the fight started.