Halle Berry's Ex Gabriel Aubry Claims Olivier Martinez Threatened to Kill Him

Halle Berry's former beau Gabriel Aubry told his side of story of the dramatic Thanksgiving brawl with her fiance Olivier Martinez. Contrary to what Olivier said to the cops after the fight on November 22, 36-year-old Gabriel claimed he was not the initiator and accused his love rival of threatening to kill him in the melee. 
In court filings on 

Monday, Gabriel sought restraining order against Olivier. The French model said Olivier approached him and said, "We need to talk," when he showed up on Halle's doorstep to drop off his daughter with the actress, 4-year-old Nahla. He was allegedly knocked to the ground by Olivier when he walked toward his car to close his door.

Gabriel said Olivier yelled at him that he cost them $3 million in the custody battle where Halle failed to convince the judge to let her move to France with her little girl. The "Dark Tide" actor then reportedly told him in a threatening manner that they would move to France with Nahla and he had better moved there too if he knew what's good for him.

According to Gabriel, 46-year-old Olivier then said, "We called the cops," before adding, "You're going to tell them that you're the one who attacked me, or I'm going to kill you." The baby daddy attached a picture of his battered, black-eyed face taken after the fight in the filings. He was granted restraining order against Olivier.

One day before the scuffle, the three of them were spotted in a pre-Thanksgiving party in El Lay with Nahla. Gabriel declared Olivier had already threatened him. "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," Olivier reportedly told him that day when he took his daughter to her school play.

Gabriel is set to appear in court on December 13 after he was taken into custody on suspicion of misdemeanor battery. He was released from jail after posting $20,000 bail. In the meantime, he's ordered to stay 100 yards away from Olivier, Halle and Nahla. The protective order expires Tuesday, but Halle is reportedly asking judge to prolong it.

A Gabriel source told New York Daily News, "Not only was Gabriel not the aggressor, he was an innocent bystander. He was cold cocked out of nowhere." The insider added, "He wanted the (security) video. Apparently the cameras were repositioned so it's not on tape. That's a sign when someone's innocent. He was begging to get the tape."

Nahla reportedly was present when the fight that happened in the driveway started. After contacted by police, the social workers at the L.A. County Department of Child Protective Services are now allegedly seeking to interview Gabriel, Olivier and Halle about what happened to "ensure that Nahla's environment is safe."

A different source spilled to Radar Online, "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." 

While Gabriel suffered a broken rib and bruised face in the fracas, Olivier may have broken his hand and injured his neck. Both were treated for their injuries at Cedars-Sinai Medical Center in Los Angeles after the fight. On Monday, Olivier was seen returning back to the hospital to get his hand checked out once again.