Gabriel Aubry doesn’t have a model face anymore following the Thanksgiving Day brawl between him and ex Halle Berry’s current fiancé, Olivier Martinez. On Saturday, the 36-year-old stepped out in Los Angeles and he was nearly unrecognizable with his left eye bruised so badly it was swollen shut. But even though his face will heal in time, things are not looking good for Aubry. Berry is expected to head to court early this week to get a restraining order to keep him away from their 4-year-old daughter Nahla, reports TMZ. Immediately after the fight with Martinez last Thursday, a judge granted the actress a temporary restraining order to protect Nahla, Berry, and Martinez from Aubry, but it expires on Tuesday.
On Monday, Aubry was granted an order of protection from Martinez, according to TMZ. In his filing, he claimed that the day before the fight, he took his daughter to her school play, and when his ex and Martinez showed up, the actor whispered in his ear in French, "I wish I could beat the s--t 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.” That next morning, Aubry states he brought the little girl back to her mother’s home, but instead of the nanny receiving Nahla, Martinez appeared at the door and said, “We need to talk.” According to Aubry, he was walking to his car when Martinez jumped off the stairs and knocked him to the ground. As he beat the model, he screamed that he had cost him $3 million in lawyer fees (Berry and Martinez recently lost their bid to move to France with Nahla). Aubry also writes in his declaration that after the fight, Martinez said, “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."
According to original reports that cited eyewitnesses at Berry's home, the fight between Aubry and Martinez, 46, began when Martinez approached Aubry on Thanksgiving and said, “We have to move on,” in reference to the battle between Berry and Aubry over Berry’s attempt to relocate with Nahla to France – and Aubry responded with his fists. He reportedly swung at Martinez’s face, but was blocked and instead struck him on the shoulder. Then Aubry pushed the actor to the ground, and that’s when Martinez punched him in the face.
Both men ended up making trips to Cedars-Sinai Medical Center in Los Angeles. According to TMZ, Aubry suffered a broken rib, contusions to his face, and possibly a head injury, while Martinez sustained a neck injury and what was originally thought to be a broken hand. The morning after the fight, the actor was photographed inside a liquor store with cuts all over his hand.
Aubry was eventually booked for "a private persons arrest for battery," according to the LAPD and his bond was set at $20,000. He bonded out of jail about an hour later. Radar Online reports that the arrest could get him deported back to Canada since he is only in the U.S. on a work visa.
Aubry is due back in court on December 13.
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