Abcnews
Halle's ex-boyfriend, barred from approaching the actress' fiance after apparently losing a fistfight with him, reportedly claims he is the one in need of a restraining order because her fiance threatened to kill him the day before.
Gabriel Aubry, 37, the father of Berry's 4-year-old daughter Nahla, made the claim in court papers that led to a new restraining order against actor Olivier Martinez, 46, the Associated Press reported.
The restraining order, obtained by ABC News, forbids Martinez from going within 100 yards of Aubry, his home, his workplace or his daughter's school until a court hearing on Dec. 17.
Aubry claimed Martinez threatened Aubry at Nahla's school the day before their Thanksgiving day brawl, the AP reported. The two men came to blows outside Berry's home after Aubry dropped off Nahla. Aubry was taken to Cedars-Sinai Medical Center in L.A. with fractured ribs and bruising to his face and later charged with misdemeanor battery, with bail set at $20,000, Los Angeles Police Sgt. Mike Odle told ABC News Radio.
Despite the police charge and restraining order against him, Aubry claims Martinez was the aggressor, and said, "You cost us $3 million," while he punched and kicked Aubry in the driveway of Berry's home, the AP reported.
The AP was not immediately able to reach Martinez's representative for reaction to the court papers.
It was unclear what $3 million Martinez might have referred to, but the fight happened weeks after a court denied Berry's request to move to France with Martinez and Nahla -- a court victory for Aubry, a model who has joint custody of Nahla.
Though Berry's love life was looking brighter earlier this year with news of her engagement, her romantic life once again is engulfed in drama. "Halle hasn't had a perfect string of relationships. She's dealt with domestic issues in the past," Joey Bartolomeo, a senior writer for People magazine, told ABCNews.com. "It's just sad to see this whole situation turn violent. Everyone is just hoping they can come to terms with this and get along because, obviously, there's a child involved in this."
Berry's men displayed their wounds this weekend. Martinez, held up his swollen right hand while running errands in Los Angeles Saturday. But Aubry appeared to have taken the brunt of the battle after being spotted around Los Angeles with a bruised and swollen left eye."When you see the pictures, it was clear this was not just a small altercation," Bartolomeo said. People magazine's Bartolomeo said Martinez's father was a professional boxer and the actor also fought competitively.
After the brawl, a judge issued an emergency protective order to keep Aubry at least 100 yards away from Berry, Martinez and Nahla until Dec. 3, KABC-TV reported. Though she lost her bid to move to France, Berry is likely to return to court in light of the fight, Bartolomeo said. Berry's rep declined to comment to ABCNews.
"Every person involved in this situation has something to lose and something to gain," Bartolomeo said. "This isn't just a custody thing. There's Halle and Olivier's relationship being affected by this."
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