Halle Berry's Fiance Olivier Martinez Threatened To Kill Gabriel Aubry Before Brawl (PHOTO)

By O'Jay Burgess on Nov 27, 2012 03:43 PM EST

Halle Berry's ex-boyfriend and father to her 4-year-old daughter claims her current fiancé threatened to kill him when the two squared off on Thanksgiving, according to Fox News.

Gabriel Aubry was sent to the hospital after suffering a broken rib and bruised face from a scuffle with actor Olivier Martinez that also led to his arrest.

According to FOX, Aubrey claims are included in court filings that led a judge to grant a restraining order against Martinez on Monday.

The news site also reported that the courts statements said Aubrey declared himself not the aggressor in the situation but it was Martinez who attacked him without provocation. Martinez in the court filings said Aubry attacked him first.

Aubry's filing claims state Martinez threatened him at his daughter's school a day before the fight and TMZ reports that the day of the altercation Martinez said "We need to talk" and reported that Aubry said he walked toward his car to close his door when Olivier jumped off the stairs and knocked Aubry to the ground and started brutally beating him, screaming that Aubry cost them $3 million to fight the custody war.

Aubry states that Berry wished to move to Paris and take her daughter with her. The request was denied on  Nov. 9. Aubry shares joint custody of daughter, Nahla.

Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.

A hearing has been scheduled for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for a possible battery case, which has not yet been filed by prosecutors.

Click here to see Gabriel Aubry's photo 

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