Halle Berry Thanksgiving Fight A Sham? Gabriel Aubry Claims He’s The Victim

10:29 AM EST 11/27/2012 by Amanda Remling, Celebeat Reporter

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On Thanksgiving day while many prepared to gather around a Turkey, Halle Berry had a fight break out in her driveway between her fiancé Olivier Martinez and ex-boyfriend/baby daddy Gabriel Aubry. While it was initially reported that Aubry had started the fight after dropping off four-year-old Nahla, Berry's ex is now singing a much different tune to reporters.

On Monday shocking pictures of the Canadian male model surfaced. With cuts all over his face and a nasty looking swollen black eye , 36-year-old Aubry is telling reporters that 46-year-old Martinez threatened to kill him.

[Click HERE to see the shocking pictures of a beat up Gabriel Aubry.]

According to Aubry's lawyers, the two men had been at Nahla's school the day before Thanksgiving for a play. Martinez allegedly whispered in his ear in French, "I wish I could beat the s*** out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

On Thanksgiving day when Aubry went to drop off Nahla, the father claims that Martinez came out of the house when a nanny usually does. Aubry then said that Martinez told him they needed to talk and proceeded to knock him to the ground and slam his head into the ground while telling Aubry he cost them $3million because of the custody battle. The icing on the cake is that Martinez allegedly told Aubry:

"We called the cops. You're going to tell them that you're the one who attacked me, or I'm going to kill you."

TMZ previously reported on the day of the brawl that Aubry threw the first punch after Martinez allegedly said "We have to move on." Both men ended up in the hospital, where Aubry was later charged with battery. According to People.com, an emergency protective order against Aubry was put in place. The protective order required Gabriel Aubry to stay 100 yards away from not only Olivier Martinez, but Halle Berry and Nahla.

Now the Daily Mail is reporting that Aubry has obtained a restraining order against Martinez. The news outlet reports that he is also attempting to have the restraining order that prevents him from seeing Nahla lifted.

The fight comes a few weeks after Halle Berry lost a custody battle in which she asked to move her daughter to France.
According to RadarOnline.com, Gabriel Aubry has the potential to not only lose his shared custody of Nahla, but to also be deported back to Canada. 

[Click HERE to read the initial story on the Thanksgiving brawl.]

[Click HERE to read about the Halle Berry/Gabriel Aubry custody battle.]

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