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Gabriel Aubry has been granted a restraining order against Halle Berry's fiancé Olivier Martinez.
The French-Canadian model and the French actor were involved in a vicious fight with one another last week.
Halle and Gabriel have a daughter, Nahla, together and the spat is said to have happened when he dropped the child off at Halle and Olivier's home for Thanksgiving.
TMZ reports that Gabriel claimed in his declaration that a day before the incident, Olivier walked up to him 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 day of the altercation, Gabriel stated that Olivier slammed his head on the concrete driveway and began brutally beating him all the while demanding that Gabriel move to Paris, because the couple certainly were, no matter what the judge said.
Apparently Olivier was livid that he and his fiancée spent $3 million on a custody case over Nahla that Halle lost.
Halle wanted to take their child to France with her and Olivier; however it was ruled they couldn't move as Gabriel lives in Southern California.
Earlier this year, Gabriel was accused of pushing Halle's nanny while she was holding Nahla.
The case was dropped due to a lack of evidence, but it seems it will now be re-opened due to the latest incidents.
Police took Gabriel in on suspicion of misdemeanour battery after the Thanksgiving brawl, after which he posted a $20,000 bond and was given a court date of December 13.
Olivier was apparently the victor, as he was not as beat up as Gabriel.
Police are currently investigating the case.
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