Gabriel Aubry sparked rumors that he's secretly married to Halle Berry. Extra noted the French-Canadian model referred to the Bond girl in "Die Another Day" as his "ex-wife" in legal filings to seek restraining order against her current fiance Olivier Martinez on Monday, November 26.
Gabriel filed the request for protective order after he was involved in a dramatic Thanksgiving brawl with Olivier when dropping off his daughter with Halle, Nahla, in her home. "Respondent is the fiance of my ex-wife, Halle Berry," so he stated in the court documents.
The 37-year-old model also tried to overturn an order banning him from seeing Nahla, but he failed. The protective order issued immediately after the fight will expire on Thursday. It initially ran until December 3, but there's a clerical error that made it valid only for two more days.
Gabriel is set to appear in court on December 13 after he was taken into custody on suspicion of misdemeanor battery. He was released from jail after posting $20,000 bail. Contrary to Olivier's testimony, he insisted he's not the one who started the fistfight.
The Montreal-born model claimed the 46-year-old actor ambushed him when he walked to his car to close his door. "Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to the ground," he claimed.
"He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so suddenly, I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."
According to Gabriel's testimony, Olivier was angry with the way things turned out in the custody battle between Gabriel and Halle. "While he was attacking me physically, Mr. Martinez said to me in an aggressive and threatening voice, 'You cost us $3 million'," he claimed.
A judge has denied Halle's request to move to France with Nahla unless Gabriel moves there too. Gabriel remembered Olivier's threat, "When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you. You're going to Paris, you're going to get your 20 grand a month in child support. From now on you're going to do drop-offs on the street.' "
He also described his alleged encounter with Olivier a day before the altercation when he took Nahla to her school play. "Martinez, who seemed very angry and agitated, suddenly started speaking to me in French, and spouted off things such as, 'I wish I could beat the s**t out of you right now. You're lucky we're in a school right now,' " he said.
Gabriel was taken into custody on suspicion of misdemeanor battery after the scuffle. He was released from jail after posting $20,000 bail, and is set to appear in court on December 13. Between him and Olivier, he came off worse for wear, sporting a badly-bruised black eye and other injuries.
Meanwhile, Olivier had a swollen hand and bruised neck. He was treated at Cedars-Sinai Medical Center for his injuries moments after Gabriel was taken to the hospital by authorities. He was seen returning back to the hospital on Monday to get his hand checked out once again and spotted sporting a new hand brace on Tuesday.
Gabriel demanded that police looked at the footage captured by the three surveillance cameras in the driveway of Halle's house "before she and Mr. Martinez deleted them." It's unclear whether such tape exists or not, but his source claimed "apparently the cameras were repositioned so it's not on tape."
Gabriel and Halle started dating in 2005. She gave birth to Nahla in 2008 and broke up with him in 2010. Since splitting, they have been at odd with each other over the custody battle of their daughter.
After Gabriel's fight with Olivier, the three of them reportedly became subjects of investigation by L.A. County Department of Child Protective Services because Nahla was present when the altercation occurred. The little girl was rushed to the house by her mom when the two men started the fight.