Halle Berry’s attorneys are expected back in court today to respond to her ex-boyfriend’s protection order granted by an L.A. court yesterday, according to TMZ. Gabriel Aubry successfully argued and won a protection order against Berry’s current fiancé Olivier Martinez Monday, stemming from the pair’s notorious fist fight on Thanksgiving morning. In court papers filed Monday, Aubry claims he suffered a fractured rib, facial bruises and cuts requiring stitches. The male model is asserting that he was the victim in the beat down. The court filing prompted a judge to issue a restraining order keeping Martinez away from Aubry. An order keeping Aubry away from Halle Berry, 4 year-old daughter Nahla and Martinez was granted last week. The entire mess is said to be born out of Berry’s failed attempt to gain exclusive custody of her daughter with Gabriel Aubry, and relocate the new family to France. Berry maintains that Aubry has threatened her in the past and that’s why she wants to move away from him. Her new fiancé is a citizen of France.
The latest restraining order, obtained by ABC News, forbids Olivier Martinez from coming within 100 yards of Aubry, his home or workplace, or daughter Nahla’s school until a court hearing on Dec. 17.
Berry’s order against Aubry will next be addressed in court on Dec. 3. Halle’s lawyers are likely headed to court this morning to oppose yesterday’s order, and Berry herself may appear.
Aubry alleges that Martinez first threatened to kill him on Wednesday as the three adults were attending Nahla’s school play. The altercation between the two men occurred the next morning in Berry’s driveway as the father was returning his daughter home from a visit around 10 a.m..
Aubry further alleges that during the fight, Martinez said, “You cost us $3 million [in legal fees for the custody battle]. When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you”, according to The L.A. Times. He also allegedly threatened to kill Aubry unless he took the blame for starting the fight.
People reported that Martinez’s father was a professional boxer, and that the 46 year-old actor himself also fought competitively. Aubry, 36, pleaded with police to get the security tape from Halle’s home to prove his innocence. An insider said, “He wanted the (security) video. Apparently the cameras were repositioned so it’s not on tape”.
Opposing Views reports that Halle’s people claim it was Gabriel Aubry who flew into a rage during the child hand-off and initiated the fight. But they tend to believe Aubry’s version of events due to how badly he was beaten by Olivier Martinez.
They make the point that apparently his story was compelling enough to induce the judge to buy his story or he wouldn’t have been granted the restraining order. Click here to see the gruesome photos of Aubry’s face.
Many are weighing in, since it’s obvious this was no small altercation in light of the emerging pictures of Gabriel’s face. All seem to agree that it’s a sad situation with not much chance of any winners, only losers, the saddest of which is the small child at the center of the mess.
Who do you think started the fight?