Gabriel Aubry 'unlikely to be charged over brawl'
Gabriel Aubry is unlikely to face criminal prosecution following a fight at Halle Berry's home.
The French-Canadian model came to blows with Halle's fiancé Olivier Martinez last Thursday, and was arrested for misdemeanour battery.
Olivier made a citizen's arrest against Gabriel during the altercation, which happened after Gabriel had dropped off his four-year-old daughter with Halle.
Although Gabriel was booked, TMZ is reporting that law enforcement sources insist the incident will be recorded as "mutual combat" and police officers will not make a recommendation on whether Gabriel should be prosecuted.
The website claims insiders believe it is "highly unlikely" charges will be filed.
The case will reportedly be sent to the Los Angeles City Attorney's Office tomorrow for evaluation.
Gabriel suffered sustained fractured ribs, a black eye and bruises in the showdown, and claims that Olivier was the aggressor.
Olivier was spotted wearing a hand brace as he left a doctor's office on Tuesday.
Gabriel and Halle have been locked in a bitter custody battle over their daughter Nahla, with Halle eager to relocate her family to France.
Following the altercation last week, Gabriel was the subject of an emergency protective order which prevents him from going within 100 yards of his ex-girlfriend and their child.
He asked a court to lift the ban yesterday, but was unsuccessful in his request. The order expires tomorrow, however, it is believed Halle may seek a new one.
On Monday, Gabriel was granted a restraining order against Olivier.
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