Gabriel Aubry Fights Back Against Battery Charges

November 27, 2012 By:
Gabriel Aubry Fights Back Against Battery Charges
Image By: Splash News

It’s a battle of the restraining orders…

After Gabriel Aubry’s was torn up in a pre-Thanksgiving brawl, was arrested for battery, and was handed an emergency protective order to stay 100 yards away from Halle Berry, her new fiancé Olivier Martinez, and his daughter…it looks as though the actress’ ex-boyfriend isn’t going down without a fight.

According to TMZ, on Monday, Gabriel received a restraining order against Olivier, and will argue in court that it was Halle's fiancé who initiated the brawl—which, frankly, the Montreal native lost by more than a few punches.

Halle’s lawyer squad (and maybe even Halle herself) will appear in court on Tuesday morning to fight back against the new developments…

“Generally speaking, we can suggest to the courts that a restraining order be put in place, but in this was filed by the parties involved," a LAPD source tells Hollyscoop.

In case you're not constantly updating your celebrity gossip feed with the latest on Halle’s home life shenanigans, I’ll do my best to break it down for you:

For starters, the Cloud Atlas star is a pinch resentful that she was not allowed to permanently relocate Nahla to France, due to a judge’s order and the fact that her dad is stationed stateside.

The tensions came to a head during a custodial hand-off on the day before Thanksgiving when the fight between the French actor and the fragile man model took place.

(Also, it should be noted that Gabriel claims Olivier threatened him at Nahla’s school the day before.)

Photos that have surfaced in the legal disputes show Gabriel faring the worst in the holiday fisticuffs—suffering a bruised face and cracked ribs. Olivier walked away without a scratch.

Olivier performed a citizen’s arrest on the model and police were called to the scene. Following a trip to the ER, Gabriel was charged on battery and a bail of $20,000 was set as it was initially reported that Gabriel threw the first punch.

But according to the Associated Press, Gabriel is now claiming that Olivier was the aggressor. From his side of the fence, Gabriel says Olivier threatened to kill while yelling, “You cost us $3 million” in the previous custody battle.

None of this, mind you, was reported to responding officers of the fight. But—in his defense—Gabriel might have been more concerned with his quickly swelling face at the time…

Gabriel’s restraining order temporarily bans Olivier from coming within 100 yards of his house, workplace, and his daughter’s school until an official hearing is held on December 17.

The model is no stranger to getting heated in the moment. Earlier this year, he was accused of shoving Nahla’s nanny with the child still in her arms. He was not charged in the allegation.

Story developing…