According to TMZ, Aubry was granted a restraining order
from the “Unfaithful” actor, and in his declaration, he claimed that the day
before the fight, he took Nahla (his daughter with Berry) to her school play, and when his ex and
Martinez showed up, Martinez 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.”
That next morning, Aubry states, he brought the little girl back to her mother’s
home, but instead of the nanny receiving Nahla as she normally does, Martinez
appeared at the door and said, “We need to talk.” According to Aubry, he was
walking to his car when Martinez jumped off the stairs and knocked him to the
ground. As he beat the model, he yelled that he had cost him $3 million in
lawyer fees (Berry and Martinez recently lost their bid to move to France with
Nahla). Aubry also writes in his declaration that after the fight, Martinez
said, “We called the cops … you're going to tell them that you're the one who
attacked me, or I'm going to kill you."
[Related: Gabriel Aubry Steps Out With Bruised Face After Brawl]
In his court filing, Aubry’s lawyer also included photos of the former Versace model’s face … and they are graphic. Aubry’s right eye is completely purple and swollen shut, while his left eye is bruised and scraped. His hair is also matted down and there are minor scrapes along the bridge of his nose.
Aubry’s side of the story is, of course, very different
from the one told by Martinez, 48, and Berry, 46. According to TMZ’s original
report, eyewitnesses to the fight told police that after Aubry dropped Nahla
off at Berry’s home, Martinez said to him, “We have to move on,” in reference
to the battle between Berry and Aubry over Berry attempting to relocate with
Nahla to France – and that Aubry responded with his fists. He reportedly swung
at Martinez’s face, but was blocked and instead struck the actor on the
shoulder. Then Aubry pushed Martinez to the ground, and Martinez defended
himself by punching Aubry in the face.
[Related: How the Stars Celebrated Thanksgiving (Photos)]
As a result, both men ended up at Cedars-Sinai Medical Center in Los Angeles. In addition to Aubry’s injuries, Martinez sustained a neck injury and what was originally thought to be a broken hand. The morning after the fight, Martinez was photographed inside a liquor store with cuts all over his hand. On Monday afternoon, he was seen arriving at the hospital for a follow-up doctor’s appointment.
Aubry was eventually booked for "a private persons arrest for battery," according to the LAPD and his bond was set for $20,000. He bonded out of jail about an hour later.
Aubry is due back in court on December 13.
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