Martinez Hit With Restraining Order by Aubry

by 4:36 PM PST, November 26, 2012
Photo: Getty Images

Days after his holiday brawl with Olivier Martinez, Halle Berry's ex Gabriel Aubry has been granted a temporary restraining order against the actress's fiancé, ET has learned.

According to documents filed Monday in Los Angeles, Aubry has requested that, out of fear for his safety, Martinez stay at least 100 yards away from him. Additionally, Martinez is not to contact Aubry in any way until a judge hears the case on December 17, 2012.

Related: Martinez, Aubry Involved in Serious Brawl

Included in the documents, Aubry details that the Thanksgiving fight escalated from a confrontation the day before where Martinez allegedly threatened him while he was lunching with his daughter Nahla, 4, for visiting the child without authorization.

Citing a prolonged custody dispute as Martinez's trigger, Aubry claims his ex's fiancé approached him "to talk" when he arrived to pick up his daughter for the holiday on Thursday, November 22.

Rather than talk, Aubry declares that Martinez began to physically assault him and threaten him with death unless he agreed to agree to his and Berry's custody terms with Nahla and move to Paris as well as proclaim that he, not Martinez, started the fight.

Related: Halle Berry & Gabriel Aubry's Custody Battle Heats Up

"At no time during the altercation with Mr. Martinez was I the aggressor," Aubry writes. "I fear for my physical safety if I am in the presence of Mr. Martinez."

Last Thursday, Aubry was arrested and later booked by police for misdemeanor battery after being transported to the hospital for injuries obtained in the brawl.