Halle Berry’s Ex Obtains Restraining Order Against Her Fiance

Jesse Grant/WireImage(LOS ANGELES) -- In the aftermath of his physical altercation with Halle Berry's fiancé, Olivier Martinez, on Thanksgiving Day, Gabriel Aubry has obtained a restraining order against him.

In court papers filed by Aubry and cited by TMZ.com, the model claims he was threatened last Wednesday by Martinez while the two men were attending a school play involving Aubry and Berry's 4-year-old daughter, Nahla.

After Berry and Martinez arrived at the school, he allegedly told Aubry in French, "I wish I could beat the s*** out of you right now.  You're lucky we're in a school right now."

On Thanksgiving Day, Aubry states, he dropped off Nahla at Berry's Los Angeles home and was attacked by Martinez, who allegedly slammed Aubry's head onto the driveway.

Aubry says Martinez was upset that a judge recently denied Berry’s request to move to France with Nahla, so much so that he allegedly vowed that the couple will move to France and that he would kill Aubry if Aubry does not move there too.

Allegedly, Martinez yelled that Berry's custody battle with Aubry cost the couple $3 million.

The documents further claim that Martinez warned Aubry to tell police that Aubry was the aggressor, or else Martinez would kill him.

Aubry was arrested following the fight and taken to the hospital with fractured ribs and bruising to his face.  TMZ has posted graphic photos of his injuries.

Martinez injured his hand and neck.

After the arrest, Aubry was ordered to temporarily stay 100 yards away from Berry, Martinez and Nahla.  Berry reportedly is looking to have that order extended.

Copyright 2012 ABC News Radio

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