Gabriel Aubry Gets A Restraining Order Against Olivier Martinez

As Photos of His Injuries Make Their Way to the Internets

On Thanksgiving day, Halle Berry‘s ex-boyfriend Gabriel Aubry got into a physical altercation with her fiancée Olivier Martinez that resulted in Aubry‘s arrest and acquisition of a very bruised and battered face. Today we learn that Aubry has successfully obtained a restraining order against Martinez as disturbing photos of his very injured face make their way online. As you can see below (ugh), Gabriel got beat pretty badly by Olivier who allegedly threatened to “kill” him … which very likely helped him obtain the restraining order. Click below to read what Aubry has to say about what when down between him and Martinez on Thanksgiving day.

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, filed by her lawyer Shawn Holley, 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 shit 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 … 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.

Yikes! These photos look pretty serious. When compared to how Olivier Martinez looks after the fight (ie. no facial injuries at all), it’s easy to see who “won” the fight:


This whole feud has gotten so way out of hand, it’s really very disturbing … and it keeps getting worse. I feel so bad for little Nahla. Hopefully she is being shielded from all of this violence, ugh. From my perspective, it’s so hard to know who to believe or side with. It’s interesting that Aubry is now saying his life was threatened when he didn’t make that clear to police when the incident took place last week. And let’s not forget, Aubry was the one who was arrested. That being said, it’s hard not to sympathize with Gabriel when you see his injured face … and that, I’m sure, is the reason the photos have been released. I’m certain we haven’t heard the end of this outrageous feud … but let’s hope that things don’t get any worse than they already have.

[Photo credit: Splash News; Source]

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  1. But didn’t Oliver get Gabe arrested by a citizen’s arrest? That makes me think Oliver just beat Gabe to the punch, terrible pun intended. This looks horrible, and I feel for his pretty face! Hopefully Nahla is being shielded from this and is just being a happy little girl like she should be.

    • Yes, apparently Olivier did a citizen’s arrest on Gabriel…which would look hilarious in my mind, except for the fact that these photos of the beating look hideous. Olivier unloaded on this guy, come on now… Plus, Gabriel was on Halle’s property … with Hale’s witnesses. It makes sense why he would have been the one detained. I don’t know. The situation is just too messy.

    • I just shouldn’t be allowed to “like” anything when I’m on my phone because I ALWAYS accidentally give people a thumbs down. So sorry! Haha. Ugh. But I agree with all of that.

  2. I don’t think it’s odd that Gabriel didn’t mention Oliver’s (alleged) death threat when the police arrived. No matter how right I might be in a situation, if somebody says they’re going to kill me if I tell the truth, that’s going to be ringing in my ears for awhile. I’d probably be too freaked to bring it up immediately.

    • I agree Serenity. I also thought – jeeze, he was so beat up, how could he say much at all? It’s pretty disturbing how much of a beating he took.

    • @Serenity — Gabriel was in police custody for a while … and at no point he mentioned death threats? The accusation of death threats comes after he bails out of jail and from his lawyer? I dunno.

    • @Trent Maybe he talked to his lawyer and was informed as to what kind of protection was available, and that’s why he came forward?

      I’m not saying that he isn’t lying (or maybe just stretching the truth), only that I understand why this is only coming up now.

    • @Serenity — Yep, maybe.

    • I think that people are taking Gabe’s comments (or lack thereof) and reading too much into them. Look at his face! Clearly his head was a little rattled, and I am sure everything happened very quickly. Also, a laywer probably sees the value and legal consequences of such a threat. Gabe might have just thought it was inconsequential trash talk while he was getting attacked.

      IMO, the faces show a lot. Gabe looks like he was ambushed. If he had attacked Olivier, then Olivier would have more injuries than just a busted hand (from beating someone).

    • @Krissy — “Gabe looks like he was ambushed”

      I don’t think he looks ambushed, I think he looks outmatched. Gabe could’ve punched first and missed. He could’ve punched first and not very well. Just because Gabe has more injuries doesn’t mean he’s necessarily a completely innocent victim.

  3. I think Gabriel also asks to have Halle’s security camera footage – but who knows if that will happen. I think that would have some clues, even if there was no sound. You’re right though Shannon, it’s poor Nahla that is being hurt in all of this. If this IS being instigated by Halle, shame on her and Olivier. If not, well, I hope they all get some help.

    • Brandyjk, Trent wrote this one, lol!

      But YEAH. This is madness. And who knows what really went down– other than that Gabe took a beating? I mean… even if Gabe started the fight, those kind of bruises don’t look like Olivier was simply defending himself. It LOOKS like he was really trying to make a point. But again, who can say for sure what went down?

      Ultimately, they should all be embarrassed because they’re grown people with children and/or step-children and there’s no reason Nahla should have to experience this. Even if she didn’t see anything, this is her family and she’s going to be affected, which sucks.

    • @Shannon — HMMM, it sounds like YOU are Team Gabriel and I may be leaning Team Olivier … so maybe we should fight about it? Water Pistols at dawn?

    • Trent, LMAO! I’m in– just don’t wet my hair… ’cause then I might have to cut you ;)

    • How could you be team Olivier, Trent? Does he look like someone who was attacked? Or someone who did the attacking (aka injuries on his knuckles)?

      And I am going to suggest a water balloon fight between Shannon and Trent. Recorded for the blog, of course. ;)

    • @Krissy — I’m not really Team Olivier, I’m just playing around. My gut tells me both men are overly testosteroned macho guys trying to be tough. In this case, one man out-matched the other in terms of this fight. Just because Gabe got beat worse doesn’t mean he wasn’t the instigator/aggressor.

      As for the water balloon fight, I’d be down :D

    • LMAO! Like I said before– just don’t wet my hair :)

      And Trent, I agree wholeheartedly: ‘both men are overly testosteroned macho guys trying to be tough.’

  4. MJ

    I don’t know much about Gabriel, but he is this little girl’s father. Halle Berry continues to fight tooth and nail to keep him from his daughter. Why? Is he a danger to Nahla? Or is he just now deemed an “inconvenience” to her plans? And if he cost them “3 million dollars,” who’s fault is that? He’s just a dad who seems to want to be a part of his daughter’s life…

    As to who started the fight? No clue, but by these pics, it looks to me like Olivier got his point across…did he have to keep beating him? BTW, Olivier is a former boxer, he might be smaller than Gabriel, but he knew what he was doing.

    All in all, this is all just sad for that poor girl getting caught in such a hateful situation.

    • @MJ — “Halle Berry continues to fight tooth and nail to keep him from his daughter. Why? Is he a danger to Nahla?”

      Possibly. We don’t know. If he is a danger, do you think her actions would be justified?

    • In this situation, any of them could easily be deemed as “a danger to Nahla”. There’s no way to argue that Halle’s and Olivier’s environment look any safer than Gabriel’s at the moment. Especially not after that beating. The child is just merely caught up in the mess that the adults have created for themselves.

    • @Joan — “In this situation, any of them could easily be deemed as “a danger to Nahla””

      totally agree.

    • MJ

      If he were a legitimate danger, yes. However, if that were the case, wouldn’t it have been brought up and made public in court? But I agree, this situation is a mess.

  5. Kathy

    It just seems a little too convenient that Gabriel got his arse beat soon after the judge ruled majorly in his favor in their expensive custody battle. Sorry Trent I’m with Shannon on this one!

    • @Kathy — I dunno, if you’re dumb enough to step to a trained boxer, you’re prolly gonna get a severe beating. Again, I’m not taking a position, I’m just offering another perspective.

    • Matthew

      It’s not a matter of intelligence or being smart or dumb, Trent.

      If you were in a relationship that resulted in a child, and your ex breaks up with you and finds a new lover who then proceeds to try and tell you what to do with your child, you might get up in that person’s face too, despite the fact that you are a smart person who knows he might be outmatched.

      Sometimes you just have to show some spine and say what you need to say, even if the person you are saying it to is stronger than you are. Seems that’s what Gabe did, and he got beaten up for saying what he needed to say when this new lover tried to put his two cents in.

      From the pictures, it is clear that Olivier went way beyond the point of just winning. I find it ironic that Halle is taking out a restraining order on Gabriel for being too violent for Nahla.

    • @Matthew — I understand what you’re saying but there is a lot of extrapolation here. No one knows what went down and yet, many people have elaborate explanations of what possibly went down. And while sometimes, as you say, a person feels the need to get in the face of a stronger person, I still contend it’s pretty dumb to pick a fight with a trained fighter. I mean, look at Gabe’s face. Clearly, he learned that the hard way.

    • Matthew

      I see what you are saying. It doesn’t make rational sense to fight with someone stronger than you. What I’m saying is that sometimes your convictions trump rationale. Sometimes your heart trumps your brain. It doesn’t make you dumb, it just makes you human.

      The kid who starts wildly punching and kicking at his father for beating up his mother.

      The mother who speaks out about where her husband is going to spend his next paycheck, even though she knows it will mean another black eye.

      The gay kid who just can’t hold it anymore and talks back to the school bully while the rest of the room lapses into shocked silence.

      All three of these people are probably going to get their butts handed to them, but I wouldn’t call them stupid or dumb. In fact, I would say that “stupid” would only apply to those who picked a fight with NO IDEA of the fact that they were about to be owned. If you pick a fight with a trained boxer, KNOWING that you are outmatched, it tells me something else about you. You are either crazy, a masochist, or you stand for something. Which one of those applies to Gabe remains to be seen. LOL

      I just want to make clear that I’m not debating your opinion on Gabe, just your opinion on people who decide to stand and do battle in the face of insurmountable odds.

  6. Ella

    Yikes. Aubrey got his ass beat but good. Those two men don’t need to be anywhere near each other.
    Those pictures look like a scuffle happened an then Olivier socked Aubrey in the eye .
    I know he “fighting for the woman he loves” but Olivier needs to step away and a mediator needs to step in for the good of the child involved in this mess.

  7. paul

    I’m sorry, but I feel like halle berry and Olivier Martinez are the bad ones here. what kind of mother would want their child to not have their father in their life? And honestly, would having the child around Olivier be any better, those pictures are proof that he could be potentially violent. Anyway, I just feel for the poor kid having to deal with this. With my experience, parents should not let new bf/gf or step parents interfere with their child. Its none of the other persons business.

    • Ella

      @Paul- There has been some talk of Aubrey using racial slurs against Berry. An ex of his said she was surprised he was even with her to begin with. Everyone is quick to say Berry is just selfish and terrible but maybe…just maybe she is protecting her daughter from a father who she feels will do more harm to their daughter than good.
      You can’t seriously say Nahla shouldn’t be around Olivier because of those pictures. It was a fist fight. We are all as human beings have the potential for violence. Do you think MMA fighters are dangers to their children?
      You also don’t know what exactly happened before fists were thrown during that fight. You can’t condemn Olivier because he walked away from a fistfight with barely a scratch. The man is a trained boxer who knows how to defend himself.
      I’m just trying to give another view of this situation here.

      I do agree that a new bf/gf shouldn’t interfere with custody issues.

    • Ella, I just wanna say that I love that you always offer another perspective on this story. I’m usually team babydaddy, but you’re right to keep pointing out that we do not know why Halle wanted to create distance between herself, Nahla and Gabriel. The truth is, we know more about Halle’s personal life than Gabe’s, so I think that makes it easier for us to see her as the bad guy. I respect Halle… and I also remember when one of her employee’s came forward and said something about having to sign a contract agreeing to never speak to Halle unless spoken to– it was something ridiculous like that and it always stuck with me. I think we all hear whisperings like about celebs and sometimes it just turns us off (someone else mentioned Halle’s hit and run). Still, these things alone do not make her a bad person or a bad parent, so again, we just can’t say for sure what happened here.

      I do like that you keep stressing that– either way– Olivier should not be getting involved with Halle’s beef with Gabriel, as difficult as that is when you’re engaged to someone and you know about things that are going on.

    • Ella

      Thanks Shannon. I’m not even necessarily on Team Olivier or Berry. I can take her or leave her as an actress. I just find it unfair that everyone has decided she’s a terrible mother based on stories.
      I know terrible mothers and I know terrible fathers. But I know everyone involved in those situations so I have no qualms in taking a definitive side in those cases. I just don’t think it’s fair to do so in cases like this. It turns celebrities lives into shows we watch and comment on. Obviously I’m here and I enjoy the escapism of it all, but sometimes it just seems like too much to me.

    • “Do you think MMA fighters are dangers to their children?”

      MMA fighters are willing participants in violent competition. This is so different from that.

      As for the racism accusations, I don’t give them much value because they don’t make that much sense for a few reasons. One, if a white man was racist, why would he date a woman for years and create a child with her if he found her inferior? Does that mean he would view his child as less than perfect if he held those distorted views? Secondly, why would Halle be with a man (and chose to procreate with him) if he was a racist? It seemed like a desperate accusation that came out only in the heat of a custody battle.

    • Ella

      @Krissy-
      My point with the MMA fighter was this: Paul had said Olivier may not be suitable to be around Nahla because he has a potential for violence based on the photos above. My point is that even though someone may show violence whether it is for a job or because they are in a fist fight does not necessarily make them a danger to children. If you want to see the product of anger management issues and pure hatred and evil google Mallory Owens. That happened on Thanksgiving as well.

      I didn’t say he was racist. I said he used racial slurs. But you should also know that being a racist doesn’t mean that person can’t form a relationship with someone of another race. It happens.

    • “My point is that even though someone may show violence whether it is for a job or because they are in a fist fight does not necessarily make them a danger to children”

      I disagree with that. I think it makes a huge difference if someone can handle their anger or if they become uncontrollably violent. Being an MMA fighter doesn’t mean that someone has dangerous violent tendancies. Beating the crap out of an unarmed person in your own driveway IS a sign of dangerous violent tendancies. Gabe wasn’t a threat to the lives of any of the Berry family members, and nothing beyond a threat against someone’s life is worth beating someone to that extent.

    • Ella

      And to that I can only say, we do not know for sure what took place before fists started flying. You’re talking as though Olivier just walked out into the front yard and decked the guy without provocation.
      Defending yourself doesn’t mean you have violent tendencies either. If Gabe was the first to throw a punch does that mean Olivier should just stand there?

    • “If Gabe was the first to throw a punch does that mean Olivier should just stand there”

      No, but you can tell by Olivier’s lack of wounds that even if Gabe did attack first, the attack didn’t warrant such an extreme response. He could have just knocked him down and held him there for the police.

    • Ella

      Honestly he just looks like he got punched in the eye to me. I guy I know got punched in the eye while we were in Spain and his eye was black and swollen shut just like Gabe’s. Violence is always extreme in my opinion and the bones around the eyes are very sensitive, but I don’t think he got wailed on the way you think he was.

  8. DAYUM! It hurts just looking at the pics. I agree that these folks should act like the adults they are supposed to be. I read that Gabriel now wants the video footage from Halle’s house to prove he did not start the fight. Hmmmm, wonder if that footage is still around?

    • Yelena

      There’s no way that footage is still around. It probably never existed. To me this whole thing screams “set up!” Halle was pissed that Gabriel won in court so she got Olivier to insult him enough to where Gabriel maybe pushed him away from him and that was all the provocation that Olivier needed to go off on him. I’ll bet that Halle had the cameras turned off because she knew what was going to go down. We’ll see what excuse she’ll come up with for not having any video surveillance given that she’s so terrified of stalkers and that’s why she wants to go to France.

      I know none of us know what really happened, but my opinion for a while has been that Halle is a nut-job. And i’ll stand by that until proven wrong. haha. She’s like Taylor Swift (but much worse) in that she uses men for her convenience (in this case, she just needed a sperm donor) and then disposes of them and blames them but never points the finger at herself.

  9. I saw where someone had posted a clip of Halle on Oprah talking about Gabe. Though you might find it interesting (and this is their dictation):

    Halle: This man was the first man i met who oozed integrity and was inherently good.every people [sic] in the room, all the modelling indstry for ten years he has been working. they all say the same thing about him.

    Oprah: Integrity

    Halle: He has great integrity

    Oprah: how does that manifest?

    Halle: he is honest. He does what he says he is going to do.i have really learnt to appreciate honesty even when i don’t want to hear it coz it’s the truth. i think i used to like hearing what i wanted to hear and not necessarily the truth. And i love that he shows up and he tells the truth no matter what. he met my mother he didn’t do the let’s impress your mother dance. He is always his authentic self. never worried about being judged. he doesn’t care what anybody thinks. of who he is.

    Oprah [ooohing in between above statements]: Really?

    Halle: And to walk with that kind of confidence…

    Oprah [many times]: That’s great

    Halle [contd]: That says that he knows who he is and doesn’t need to prove it on any day to anybody and that’s what i responded to. And with integrity i know he has the ability to love me, love our children..child

    Oprah: children, you said children

    much studio laughter

    Halle: well this is one right now but right after this we are hoping to do it again

    Oprah: Really. That”s great.

    • Ella

      As a happily single woman it’s always scary to see how relationships can fall so completely apart. One day he’s a man with integrity whose name you want to sing from the rooftops and the next it’s Craptown. It happens to lots of relationships where the person you started dating turns into someone completely different and unrecognizable. Thanks for sharing Krissy.

  10. Ama

    One thing I hope about this whole thing is that their daughter doesn’t hear them trash talk about each other. Or for one of them to paint a bad picture of the other when she is in their care.

  11. Isabelle

    Looking at his face after the “incident” and trying not to look at what is being said about Berry and Martinez, it looks like one Aubry got hit by someone with rage. Martinez got a broken hand that says much about the way he handled the situation. It doesn’t mean he’s a better fighter just because he didn’t get a scrape on his face. Looks like rage to me.

    • Ella

      That’s a punch in the eye. You want to see what rage does google Mallory Owens. It’s horrific.
      Olivier is a trained boxer. Aubrey could look much worse if it was just Olivier wailing his rage out on him.

    • Isabelle

      So, a trained boxer should be allowed to beat people this way ? It’s ok, he’s a trained boxer. We should all forgive him.

      Sorry, but as a “trained boxer” he should know better.

    • Ella

      No Isabelle. I obviously do not think trained boxers should be allowed to beat people at random. A trained boxer should be allowed to defend himself though. We do not know for sure what transpired, but the way you’re talking it seems like Olivier just walked out of the house and laid Aubrey out.

  12. Ben@pr

    Does professional models are allowed to have some kind of pretty face insurance? I hope Gabriel does because his face brings the bacon home. But seriously it’s disturbing how much damage human beings can do to each others.

  13. Kiki1976

    The bottom line is this: Violence is never the answer nor the means to an end. What was accomplished by this whole situation? Only harm, no good.

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