Halle Berry asked the Los Angeles court judge on Tuesday to keep Gabriel Aubry, her child’s father, away from their daughter because of a fight on Thanksgiving Day with her fiancé. Aubry asked that a restraining order for Berry’s fiancé, Olivier Martinez be given, because of his threats to kill him.
The father of Halle Berry’s child, Gabriel Aubry, stated in a Monday court filing that he was ambushed by the fiancé, Olivier Martinez during the drop off of his 4-year old daughter at Berry’s Hollywood Hills home. Police arrested and charged Aubry, 37,with misdemeanor battery, though he was insistent that Martinez started the fistfight, which sent him to the hospital with a swollen black eye, fractured ribs, and multiple cuts that required stitches. A judge ordered that Martinez stay away from Aubrey. Aubrey still must face battery charges brought against him.
Berry, who is 46, has been in a dispute with Aubry for two years over custody of their daughter Nahla. The two were involved in a five year romance until 2010. The Oscar-winning actress is now engaged to Martinez. The altercation between Aubry and Martinez was apparently fueled by the custody dispute.
Berry had previously asked the family court’s permission to move to Paris with her daughter. Berry, who pays Aubrey child support under their shared custody agreement, lost, with the courts stating that she cannot move to Paris with their daughter unless Aubrey also moves.
In his statement to police, Aubry said: “While he was attacking me physically, Mr. Martinez said to me in an aggressive and threatening voice, ‘You cost us $3 million. When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you. You’re going to Paris, you’re going to get your 20 grand a month in child support…'”
While waiting in the driveway for the nanny to get his daughter to spend Thanksgiving Day with Berry, Aubry in a sworn statement says, “All of a sudden, Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to the ground…He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway.” Aubry wanted police to look at video from three security cameras in Berry’s driveway “before she and Mr. Martinez deleted them.” No word on if police have obtained any video evidence.
Aubry will be in court on December 13 to face the battery charges filed against him regarding Martinez. There is also another court case set on December 17 to make the restraining order on Berry’s fiancé permanent which will prohibiting him from contacting, or harassing Aubrey.
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