BAM! Shiz just got real. I mean, it was “real” before now, what with everyone like “Good God, can the drama between Halle Berry and Gabriel Aubry just take one damn holiday off?” But while most of us were like “Poor Gabriel, Halle is going to use this fist-fight to get total custody of Nahla,” Gabriel was quietly plotting HIS next move. And his next move is a doozy. Apparently, Gabriel filed his own restraining order against Olivier Martinez, and Gabe’s lawyers are saying that Olivier threatened to kill him. Think of it this way: this incident will be cited two years from now by Halle Berry in an interview she does after she and Olivier are over. She will talk about this incident and she’ll call Olivier an abusive, violent monster and she’s an innocent victim and she’ll cite this incident. Trust.
Gabriel Aubry has obtained a restraining order against Halle Berry’s fiance Olivier Martinez, who busted Gabriel’s face during a brutal brawl on Thanksgiving … and Gabriel’s declaration (which includes graphic photos of his injuries) paints a radically different picture of what went down at Halle’s on Thursday.
According to Gabriel’s declaration, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel 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 next day, Gabriel says he took Nahla to Halle’s at around 10 AM. He says in a completely unusual move, Olivier came out of the front door — usually the nanny was the go-between. Gabriel claims Olivier said, “We need to talk.” Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle’s failed move to take Nahla to Paris).
Gabriel says Olivier took his head in his hand and slammed it on the concrete driveway. According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.
Gabriel claims Olivier then said, “We called the cops,” and that when they show up, “you’re going to tell them that you’re the one who attacked me, or I’m going to kill you.”
Law enforcement sources tell TMZ … Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight. Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.
Gabriel’s lawyer attached photos of his injuries which are brutal. Sources on Halle’s side claim it was Gabriel who flew off the handle and started the fight.
As TMZ first reported, an emergency protective order has already been issued against Gabriel — requiring him to stay 100 yards away from Halle, Olivier, and Nahla. We’re told Halle’s lawyers will go to court this week in an attempt to have the order extended.
You can see Gabriel’s battered and swollen face here – he obviously came out of this fight the more injured party. Now, do you wholeheartedly believe Gabriel’s side of things? I’m not so sure. I believe – as I always believed – that Olivier was trying to verbally instigate Gabriel, and I believe that Olivier and Halle were and are super-pissed that the judge said they couldn’t move to France. I also think it’s unfair to say “Gabe never mentioned any of this in the hospital!” – the dude had some kind of major head trauma and he was probably really out of it. Here’s what I believe now: this is going to get so, so messy. It’s already a mess, but it’s going to get even worse.
Also: Radar says that because of his arrest, Gabriel might be deported back to Canada. I guess I thought he had become an American citizen at some point, or maybe gotten dual citizenship? Radar says he’s just here on a visa though. Anyway, you can read Radar’s story here.
…And this morning, TMZ reports that Aubry is going back to court for an emergency hearing on visitation with Nahla. MESS.
Photos courtesy of WENN, Fame/Flynet.