Gabriel Aubry Files a Restraining Order on Halle Berry

Screen Actors Guild Foundation 3rd Annual LA Golf Classic

Gabriel Aubry is hitting back at Halle Berry’s request for a restraining order. Used to legal wranglings with the mother of his child, Gab has already offered a dramatically different account of the fight he had with her fiance, Olivier Martinez. According to the model, the actor threatened his life the day before. Never a dull day in Halle Berry’s world.

More from TMZ:

According to Gabriel’s declaration, the day before Thanksgiving, Gabriel took Nahla to her school play.  Halle and Olivier showed up and Olivier walked up to Gabriel and 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."

The next day, Gabriel says he took Nahla to Halle’s at around 10 AM.  He says in a completely unusual move, Olivier came out of the front door — usually the nanny was the go-between.  Gabriel claims Olivier said, "We need to talk." Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle’s failed move to take Nahla to Paris).

Gabriel says Oliver took his head in his head and slammed it on the concrete driveway.

According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.

Gabriel claims Olivier then said, "We called the cops," and that when they show up, "you’re going to tell them that you’re the one who attacked me, or I’m going to kill you."

Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.

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