AceShowbiz -

Deemed as "mutual combat", the physical altercation between Gabriel Aubry and Olivier Martinez may end up in no criminal charges. It is now said to be "highly unlikely" that Aubry, whose face was left battered and bruised, will be facing the charges because they will not be filed after all.

Law enforcement sources connected to the case told TMZ that the case will be sent to the Los Angeles City Attorney's Office on Thursday, November 29. However, police "will not make a recommendation as to whether Gabriel should be prosecuted."

Martinez and fiancee Halle Berry have filed a restraining order against Aubry following the Thanksgiving brawl. The emergency order has expired and the couple would have to go to court to file a new one by Thursday. Aubry failed to overturn the order to allow him to see his daughter with Berry, Nahla.

Meanwhile, Aubry is still launching defenses in the case. He has asked the authorities to look into the surveillance cameras at Berry's house before Martinez deletes the tapes. "I told the officers that [Martinez] was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry's security cameras before she and Mr. Martinez deleted them," he said in a sworn statement.

Aubry, who was booked into jail and released on $20,000 bond, is set to appear in court on December 13.