A family court judge denied Gabriel Aubry’s request to have a restraining order lifted, TMZ reports. The temporary order was granted to Aubry’s former girlfriend Halle Berry after a Thanksgiving Day brawl involving the French-Canadian model and Berry’s fiancé Olivier Martinez. Under the order, Aubry must stay at least 100 yards away from his daughter with Berry, 4-year-old Nahla, as well as Berry and Martinez.
TMZ reports the order was initially set to be lifted on December 3, but a clerical error bumped the date up to November 29. It is unknown if Berry plans to request an extension on the restraining order.
Aubry, 36, may face misdemeanor battery charges in his fight with Martinez. TMZ reports the model threw the first punch after Martinez approached him in the driveway and said, “We have to move on.” Martinez reportedly subdued Aubry and made a citizen’s arrest before police arrived at the scene and took Aubry into custody.
In new court papers, Aubry claims it was Martinez who started the brawl. Aubry says he was dropping Nahla off at Berry’s LA home when Martinez angrily approached him about a judge recently denying the actress’s request to move Nahla to France.
"All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground," claims Aubry. "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. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."
Aubry says Martinez also threatened to kill him. "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,” Martinez allegedly said.
"I ended up suffering a fractured rib, multiple bruises on my face and my forehead, an area under my left eye, and three areas in my mouth required stitches,” claims Aubry.
Both Aubry and Martinez surfaced in L.A. on Saturday sporting bruises. Aubry had a black eye and Martinez had a swollen hand.
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