Halle Berry’s baby daddy today obtained an order of protection against the actress’ fiancé after the men’s Thanksgiving Day brawl — and by the look of her ex’s face, he needs one.
Former Calvin Klein underwear model Gabriel Aubry, who submitted photos of his black-eyed and badly bruised mug to an LA court, was granted an emergency restraining order — even though he was the one arrested after his fight with French actor Olivier Martinez.
In court papers, Aubry said he had just dropped off his 4-year-old daughter with Berry at the actress’s Hollywood Hills home at 10 a.m. Thursday when Martinez stood in the driveway and hissed at him in French, “We need to talk.”
“I went to close my car door so I could to talk to him,” said Aubry, a native of French-speaking Quebec, in the court papers.
“All of sudden, [he] jumped on the side of my body and punched me such that he had taken me down [to] the ground. 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.”
Aubry said Martinez was screaming at him that he had cost Martinez and Berry $3 million in legal fees when he blocked them from moving with Halle and Aubry’s daughter, Nahla, to Martinez’s native Paris, the documents said.
“When you see the [custody] judge [next], you’re going to tell him you’re going to Paris or I’m going to kill you,’’ Martinez allegedly said.
“You’re going to Paris, you’re going to get your $20 grand a month in child support. I’m not just some f—ing actor. You don’t know me.”
Martinez then snarled, “We called the cops!’’ — and threatened, “You’re going to tell them that you’re the one who attacked me or I’m going to kill you!” according to the documents.
Martinez was seen nursing a swollen right hand right after the fight. He went to Cedars-Sinai Medical Center in Los Angeles today to have it checked out.
Aubry said that in addition to bruises, he suffered a broken rib and cuts to his mouth that required stitches.
He said in the documents that tensions between him and Martinez had hit a boiling point the day before.
He and Berry and Martinez were separately attending Nahla’s school for a holiday play when Martinez walked over to him and sneered in French, “I wish I could beat the s–t out of you right now,’’ according to the court papers.
“You’re lucky we’re in a school right now,’’ Martinez allegedly said. “We’re going to take Nahla right now, and you’re not going to follow us.”
Aubry said that when he was dropping off Nahla at Berry’s home on Thanksgiving, the little girl told him, “Olivier is here. I’m scared.”
Martinez had received an order of protection against Aubry immediately after Thursday’s brawl.
If Aubry is convicted of even a misdemeanor in the case, it could help pave the way for Berry to move with Nahla overseas, legal experts said.
Berry’s had been seeking court approval for the move, but a judge has said it’d be an unfair Aubry, who has equal custody.
Berry’s rep declined comment today.
Additional reporting by Kate Sheehy