Halle Berry's Ex, Gabriel Aubry, Gets Restraining Order, Claims Threat Before Fight

Nov. 26, 2012— -- intro: Halle Berry'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, ABC affiliate 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.com.

"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."

Click through for a look at her current and past relationships.

ABC News' Michael S. James contributed to this report.

quicklist: 1title: Olivier Martinez text: Berry had famously said she would never marry again, even telling The Sun's Garth Pearce in April 2011: "I wish I had known then that I was not the marrying kind. It would have saved me a lot of time, heartache and grief over the years."

But after trying marriage twice, she's hoping the third will be the charm. Martinez confirmed reports that the couple were engaged in March.

"Yes, of course. it's true," the Frenchman told The Miami Herald while promoting his new South Beach restaurant, Villa Azur.

Berry has been sporting an emerald engagement ring since January.

Martinez, 46, has had his share of high-profile paramours. He dated Mira Sorvino, Kylie Minogue and Rosie Huntington-Whiteley before meeting Berry, 46, on the set of "Dark Tide," which came out earlier this year.

media: 17799240

quicklist: 2title: Gabriel Aubry text: Berry has been locked in a custody battle with ex Aubry, the father of her daughter Nahla, 4.

The actress dated the Canadian model, 37, from 2005 to 2010. After what seemed an amicable parting, the pair began a war of words in the press, with Berry's supporters claiming Aubry was verbally abusive and even used a racial slur against the actress -- allegations which Aubry denied. Their rancor reached new heights this year with Berry filing a restraining order against Aubry after he was accused of pushing their nanny while she was holding Nahla.

Earlier this month, Aubry successfully fought Berry petition to be allowed to move to France with Nahla and her soon-to-be husband Martinez. Aubry argued the move to France would have been punitive and was designed to stop him from having contact with his daughter.media: 15902615

quicklist: 2category: title: David Justiceurl: text: Berry's first marriage was to former baseball outfielder David Justice in 1992. It lasted just three years, and the breakup was almost more than Berry could bear.

"Her marriage to David Justice was very troubled," People's Bartolomeo said. "After that marriage broke up, she was damaged by the whole relationship."

Indeed, three years after marrying baseball star Justice, Berry attempted suicide. "I was sitting in my car, and I knew the gas was coming, when I had an image of my mother finding me," she told Parade magazine in 2007. "She sacrificed so much for her children, and to end my life would be an incredibly selfish thing to do."media: 15902569

quicklist: 3category: title: Eric Beneturl: text: Berry tried marriage again in 2001 with soul singer Eric Benet.

The actress credited Benet with helping her through her legal troubles after she left the scene of a traffic accident in February 2000. She paid a fine and received three years probation. Berry also grew close with Benet's daughter India, and even adopted her.

"That seemed to be a great thing for her -- she was very happy, he had a daughter, they were raising that daughter together, then they split up and there was talk that he had been unfaithful," Bartolomeo said.

Their split occurred seven months after Berry accepted the Academy Award for best actress, in what seemed to be another example of the best actress curse. In the Parade interview, Berry called her relationship with singer Benet "really horrific."

"We were in sex rehab after one year," she said. "I wish I had left then, but I was putting everyone's needs before mine."media: 15902703