Halle Berry Ex Gabriel Aubry Settles Case After Thanksgiving Brawl With Olivier Martinez

By O'Jay Burgess on Nov 30, 2012 05:54 PM EST

Actress Halle Berry and ex-boyfriend model Gabriel Aubry has settle in court on Thursday with both parties wanting to "move forward."

Aubry and Berry's fiancé Frenchman Olivier Martinez got into a fight on Thanksgiving leaving the model with multiple bruises to the face and a broken rib.

Berry and Aubry have been in a heated custody battle over their daughter Nahla. It was reported that Berry wanted to take their child to France but a court ordered Berry not to do so.

Its believe that the fight that broke out between the two men was caused by the custody battle, TMZ reported that  while fighting Martinez told Aubry that he was causing him and Berry $3 million because of the case.

Aubry was seen entering a Los Angeles family court where his lawyers and Berry's hashed out a deal according to Fox News Latino.

The Canadian model told the website that he won't see any jail time from his fight Martinez because authorities deemed the altercation as "mutual combat," so it is unlikely Aubry will be charged.

A California judge still kept the restraining order held against Aubry in place that forces him to keep at least 100 yards of distance between Berry, their daughter Nahla and Martínez. Berry has asked the judge to extend the restraining order indefinitely.

Aubry still maintains that he is the victim in the situation and claims that Martinez is the provoked the him. Aubry supposedly requested that police obtain security footage from Berry's home to prove his claim.

"I told the officers that (Martínez) was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry's security cameras before she and Mr. Martínez deleted them," said Aubry in a sworn declaration to officials.

Aubry claims that Martinez threaten to kill him when the pair met at an event at his daughter's school.

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