Halle Berry's ex says he was threatened before fight

LOS ANGELES (AP) - Halle Berry's ex-boyfriend claims the actress's fiance threatened to kill him during a Thanksgiving confrontation that left him with a broken rib, bruised face and under arrest.
Gabriel Aubry's claims are included in court filings that led a judge Monday to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.
Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, the filings state.
A representative for Martinez could not be immediately reached for comment.
Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school that he and the actors attended. Aubry, a model, has a 4-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.
The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Berry's court filings state, and Aubry shares joint custody of the young girl.
Aubry claims Martinez told him, "You cost us $3 million," while he was punched and kicked him in the driveway of Berry's home. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry didn't move to Paris.
Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.
Photos of Aubry's face with cuts and a black eye were included in his court filing.
A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.
Gabriel Aubry's claims are included in court filings that led a judge Monday to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.
Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, the filings state.
A representative for Martinez could not be immediately reached for comment.
Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school that he and the actors attended. Aubry, a model, has a 4-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.
The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Berry's court filings state, and Aubry shares joint custody of the young girl.
Aubry claims Martinez told him, "You cost us $3 million," while he was punched and kicked him in the driveway of Berry's home. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry didn't move to Paris.
Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.
Photos of Aubry's face with cuts and a black eye were included in his court filing.
A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.
Classy. I am quite happy not be famous or being married to someone famous. There are challenges to happiness on a very different level.Â
I don't see any modeling jobs in his future anytime soon.
Just because Aburey's face is torn up doesn't mean he WASN'T the aggressor-maybe he just messed with the wrong person. Sometimes people who think they're tough and mean get their licks, too. It's Hollywood sensationalism-we'll never get the real story...and no one will go to jail. He'll plead to a lesser charge and get off on probation along with a fine.Â
If he's a model then maybe Martinez is the one that cost Aubry money by leaving his face like that. Does Martinez' face look worse because it certainly doesn't look like Aubry was the aggressor with a messed up face like that...
His face looks like that yet he is the one arrested for battery? Whatever you do don't arrest the big time actor guy. After all he is the one with the money.
Ummmmm...hello people? Â Halle Berry is NOT the victim!!! Â Check ALL her relationships she has had. In addition, she has a criminal record. Â She even did a hit and run.... Once again, Â Halle Berry is not the victim; she knows what these guys are capable of and uses them as a crutch for her problem
Dang, he looks worse that the drunk that almost went over that Oregon bridge..
 @Windowseat Beaverton, OR ?
Halle Berry continues to go for the winners..
A lot of shiners in the news lately, will that become the next fashion trend??
 @enso It is much better than a body riddled with bullet holes.
Some people would rather fight than switch.