Gabriel Aubry, ex-boyfriend to actress Halle Berry, may have been arrested and slapped with a restraining order for his role in the Thanksgiving Day brawl at Berry’s home but he claims that is was her fiancée Olivier Martinez who started the trouble and that he’s the one who needs a restraining order.

The model went to court to gain his own restraining order against Maritinez, who he claims threatened to kill him the day before the fight. The court approved the order and Martinez is no longer allowed within 100 yards of Aubry, his work, home or daughter’s school.

According to Aubry, whose been seen sporting a nasty black eye, it was Martinez who started the Thursday morning brawl, accusing Aubry of costing him $3 million while he repeatedly punched and kicked him in the driveway. Sources believe that the $3 million refers to a court decision that banned Berry and Martinez from moving 4 year-old Nahla to France with them and away from her father.

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