HALLE Berry's ex-boyfriend claims the actress's fiance threatened to kill him during a confrontation that left him with a broken rib, bruised face and under arrest.
Gabriel Aubry's claims are included in court papers that led a judge to grant a restraining order against actor Olivier Martinez, who is engaged to Oscar-winner Berry.
TMZ is reporting that Aubry is expected to go to family court in Los Angeles today to ask a judge to lift the order prohibiting him from seeing his daughter Nahla.
After his arrest last Thursday, a judge issued an emergency protective order blocking Aubry from coming within 100 yards of his daughter, his former partner Halle and her fiance Olivier.
TMZ have reported that lawyers acting for the French Canadian model will claim Olivier instigated the brawl, claiming he beat Aubry badly and allege he repeatedly slammed Aubry’s head on concrete.
Lawyers acting for Halle will oppose her former partner’s motion.
Aubry (37) was arrested on suspicion of misdemeanour battery after his confrontation with Martinez, but the civil court filings he has stated that he was not the aggressor and that he was attacked without provocation.
Martinez told police that Aubry had attacked first.
Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school.
Aubry, a model, has a four-year-old daughter with Berry and the former couple have been engaged in a long custody battle.
The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied.
Aubry claims Martinez told him: “You cost us three million US dollars”, while he was punched and kicked him in the driveway of Berry's Los Angeles home.
Aubry has a December 13 court date for the possible battery case, which has not yet been filed