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 filings that led a judge to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.
Aubry (37) was arrested on suspicion of misdemeanour battery after his confrontation with Martinez, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation.
Martinez told police that Aubry had attacked first, the court papers state.
Aubry's court papers claim Martinez threatened him the day before the fight at an event at his daughter's school that he and the actor attended.
Aubry, a model, has a four-year-old daughter, Nahla, with Berry and the former couple have been engaged in a lengthy 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 on November 9, Berry's court filings state, and Aubry shares joint custody of the child.
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 home.
Aubry had gone to the home to allow his daughter to spend the Thanksgiving holiday with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry did not move to Paris.
Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.
Photos of Aubry's face with cuts and a black eye were included in his court filing.
A judge set a hearing for December 17 to consider whether a three-year restraining order should be granted. Aubry has a December 13 court date for the possible battery case, which has not yet been filed by prosecutors.
The actress has taken out a previous restraining order. The Oscar winner has previously claimed that she had to deal with what she described as Aubry's "anger issues".
The restraining order issued last weekend was an emergency order of protection mandating Aubry to stay 100 yards away from three of the people involved in the Thanksgiving dispute – we assume Berry, Martinez and Nahla.
And Berry's restraining order could be extended indefinitely, particularly with the involvement of child welfare services in the dispute. RadarOnline spoke to a source, explaining that, after the domestic dispute, the local DCFS was contacted by the LAPD.
"Detectives from the LAPD formally contacted CPS after Gabe's arrest, because Nahla was present when the fight occurred."