Gabriel Aubry, 36, can be seen displaying an extremely painful-looking and swollen black eye, along with cuts under his left eye and on his forehead and the bridge of his nose.
The model, who also has bloodied fingernails as a result of the fight, and has claimed Olivier Martinez threatened to kill him.
It doesn’t look like anything is set to simmer down between the pair, as Halle Berry’s ex-boyfriend has now obtained a restraining order against her fiancé following the Thanksgiving incident.
Gabriel Aubry was hospitalized with broken ribs and a bruised and swollen face following the fight, before he was charged with battery.
The model obtained the emergency protective order at a Los Angeles county court on Monday, according to TMZ. Documents reveal the order is valid until December 17.
Gabriel Aubry claimed in his declaration that the day before Thanksgiving, the family went to watch Nahla’s school play, and Olivier Martinez whispered in his ear in French: “I wish I could beat the s*** 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 Aubry allegedly dropped Nahla off at Halle Berry’s and her door was opened by Olivier Martinez – even though a nanny usually acts as a go-between.
Gabriel Aubry claims Olivier Martinez said: “We need to talk,” and as he walked to his car, Martinez allegedly knocked him to the ground, took his head in his hand and slammed it on the concrete driveway, while accusing Aubry of “costing us $3 million” due to the custody battle.
The model goes on to claim that Olivier Martinez allegedly 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.”
He is hoping to prove his innocence with the help of CCTV footage, and said: “I told the officers that [Olivier 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.”
Gabriel Aubry has already been slapped with a restraining order of his own, meaning he has to stay 100 yards away from Olivier Martinez, Halle Berry, and his daughter with Berry, Nahla.
Meanwhile Halle Berry and Olivier Martinez were seen arriving home together after visiting their lawyers, and were also paid a visit by detectives. Earlier on Olivier Martinez had visited a hospital, displaying grazes on his knuckles.
It has been reported that Halle Berry’s lawyers will go to court this week in an attempt to have it extended.
In addition, it has been claimed that Gabriel Aubry could be deported back to his native Canada as a result of the fight.
A source told Radar Online: “Not only is Gabe dealing with the possibility of losing shared custody of his daughter, Nahla, and possible criminal charges, but the real possibility of being deported back to Canada because of the arrest.
“Gabe is in the United States on a work visa and anytime someone is arrested on child abuse, domestic violence, assault or battery charges the Immigration and Naturalization Services is contacted by law enforcement.”
The source explained: “During the time Gabe was being held at the police station he was asked if he was a United States citizen, and he said no. This is what triggered INS being contacted. It’s not a given that Gabe will be automatically deported, but it’s a very real possibility. He doesn’t need to be convicted in order to be deported, the arrest is enough to terminate his visa.”
The altercation came after a judge ruled that the star is not allowed to move 4-year-old Nahla to France, where she was hoping to uproot to in order to live with French actor Olivier Martinez.
And now Radar Online claims that the Los Angeles County Department of Child Protection services will be formally re-opening an abuse investigation involving Nahla.
A source told the website: “Detectives from the LAPD formally contacted CPS after Gabe’s arrest, because Nahla was present when the fight occurred.
“Nahla wasn’t actually involved in the melee, and by all accounts, Halle whisked her out of the driveway as soon as the fight between Olivier and Gabe started. However, DCFS was contacted because there has been a history of allegations of physical abuse.
“Social workers will be interviewing Halle, Gabriel and Olivier about what happened on Thanksgiving. DCFS must ensure that Nahla’s environment is safe.”
The day before the drama appeared to be getting to Halle Berry as she looked downcast as she emerged from her Los Angeles home.
Halle Berry has been attempting to keep her daughter distracted following the incident and took her to a children’s show on Friday.
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