Bruised and battered Olivier Martinez steps out with a bloody hand after brutal brawl with Halle Berry's ex Gabriel AubryLove rivals come to blows as Gabriel drops Nahla off at Halle's home on Thanksgiving DayGabriel 'throws first punch' resulting in a fight which ended up with Olivier pinning him to the groundBoth men received medical treatment for their injuries
Aubry charged with battery with bail set at $20,000
Emergency protective order issued: Gabriel can't go within 100 yards of Halle, Olivier or NahlaComes after a judge recently blocked Halle's request to move to France with daughter
14:46 GMT, 23 November 2012
His face bruised and battered, a scuffed and swollen hand held out of harm's way, Olivier Martinez headed home from hospital on Thursday afternoon.
The French actor was injured during a 'brutal fight' with his fiance Halle Berry's ex lover Gabriel Aubry, which left both men hospitalised and saw Aubry charged with misdemanour battery.
The shocking brawl came as Aubry dropped off his daughter Nahla at Halle's house on Thanksgiving morning.
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Eventful: Halle Berry and Olivier Martinez looked furious as they headed home from hospital after the brawl on Thursday
Injured: Olivier's swollen hand and bruised scuffed knuckle can be seen
Olivier reportedly tried to speak to Aubry about the ongoing custody dispute between him and Halle.
After Olivier said to Gabriel 'We have to move on,' the Canadian model is said to have pushed the French actor and tried to punch him before a full blown fight broke out.
Gabriel and Halle – who split in 2010 – have been at odds ever since she tried to convince a judge to allow her to move to France with Nahla, a move which was recently blocked by the courts.
Injured: Olivier is understood to be considering pressing charges
Downcast: After their Thanksgiving plans were thrown into disarray Halle and her daughter and fianc visited a friend's house for dinner
Strained: The family head home, with Nahla in the back seat
Onlookers told TMZ the fight was
'brutal', with the website describing a blow-by-blow account of
A source said: 'Olivier blocked [Gabriel's punch] and the punch
struck him in the shoulder instead… Gabriel then pushed
Olivier to the ground, a struggle ensued, ending when Olivier pinned
Gabriel to the ground.'
Olivier performed a citizen's arrest on his love rival, before police were called to the scene and arrested Aubry for battery. He was charged upon his discharge from hospital and released after meeting the $20,000 bail.
Andrew Smith, Commanding Officer, LAPD Media Relations and Community
Affairs Group, told People: He [Aubry] was booked for a private persons arrest
Calm before the storm: Halle and Olivier headed out for lunch at Angelini Osteria in West Los Angeles prior to the fight on Wednesday
A judge then issued an emergency protective order – meaning Aubry has to stay 100
yards away from Halle and Olivier, as well as his daughter Nahla.
was taken to hospital for his injuries after suffering a broken rib,
bruises to the face and a possible more serious head injury, with there being conflicting reports as to whether he was left unconscious following the bloody brawl.
Olivier has a potentially broken hand and
neck injuries., and arrived at the same Los Angeles hospital for
treatment as Gabriel around an hour after him.
Painful: Olivier Martinez was sporting a swollen hand and a painful-looking bruise on his face
Harrowing: The strain was clear to see on both Halle and Olivier's faces as they drove away from the hospital
It is unclear whether four-year-old
Nahla witnessed the fight between her father and future stepfather.
However sources told TMZ that Halle rushed her daughter inside to prevent her seeing the dramatic fight.
youngster was later seen being carried in her mother's arms as the
anxious looking actress arrived home with Olivier following his discharge from hospital.
After a brief stop at home, the pair headed to a friend's house nearby.
Injuries: Olivier Martinez could be seen with wounds on his neck on Thursday following a fight with Gabriel Aubry
Stuck in the middle: It is unclear whether or not Nahla, seen leaving home following the fight with Halle, witnessed the altercation
Crisis talks: Halle and Olivier were seen arriving at a friend's house following the fight
Martinez, who has apparently become
increasingly bitter during the custody battle, is said to be keen to
press charges, TMZ reports.
A source told TMZ: 'Gabriel went nuts in front of Halle and other witnesses.'
However, details about the argument are unclear because both men were speaking in French.
VIDEO: Bruised Olivier tight lipped when asked who started fight…
Booking sheet: Gabriel Aubry was arrested on a misdemeanor charge of battery and bail was set at $20,000
a French-Canadian model who lives and works in Los Angeles, had petitioned the
court to stop Halle's plans to move to France with Nahla.
He argued that the move would give him limited access to his
However, the Cloud Atlas actress countered the privacy laws are
stronger in France and would keep Nahla safe from the paparazzi.
Thinking time: Olivier Martinez seemed to be deep in thought as he returned home after checking out of the hospital
Happy holidays Halle seemed determined to soldier on with her Thanksgiving plans
Dramatic day: The Oscar-winning actress showed a hit of stress as she arrived at a friend's house for her Thanksgiving celebration
She said at the time: 'Our issues were never about fighting for her. We both know a child needs both her parents. But what I want to say about it is sometimes, as a couple, you reach an impasse.
'We needed a court and a judge to help us work out some of the delicate issues, and I'm so happy we've arrived at that place – because for her sake, this is the best way. We both love her more than life.'
– who split with Gabriel in 2010 – and Olivier, had put their wedding
plans on hold while the actress focused on her custody battle.
Thanksgiving drama: Gabriel Aubry, pictured here attending the same party as Halle Berry and Olivier Martinez in LA on Wednesday, was arrested after a 'brutal' brawl on Thursday
Tense: Halle and Olivier, also pictured on Wednesday, recently lost a custody battle to take Nahla to his native France
Nahla in the middle: The youngster has been at the centre of the bitter feud
Aubry filed legal papers in December 2010, seeking formal recognition as Nahla's father, as well as joint legal and physical custody.
At the time, a representative for the actress said: 'Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time.'
But a spokesperson for the model soon responded: 'The fact is that Gabriel is a caring father who shares custody of Nahla.'
Fight: Gabriel, pictured taking Nahla home on
Wednesday, was injured in the brawl. Halle seen with Nahla, right,
earlier on Wednesday
In happier times: Gabriel had spoken about his wish to give Nahla a brother or sister while he and Halle were together
Just 24 hours prior to the vicious spat, Halle, Oliver and Gabriel all attended an early Thanksgiving celebration in Los Angeles with Nahla.
While Halle and Olivier picked up Nahla from school and drove her to the party, her father took her home with him on Wednesday.
The Oscar-winning actress looked
strained as she left the event carrying a feathered headpiece and jacket
belonging to her daughter.
In her custody battle, Halle claimed Los Angeles was not the ideal place for her daughter to grow up,
due to the constant glare of the paparazzi.
She has insisted that it was not an attempt to keep Nahla's model father away from her.
The Monster's Ball actress made a rare comment about her custody battle with Gabriel to InStyle magazine this month.
'There is turbulence, but this too shall pass,' she said.
and Gabriel split in April 2010 after more than four years of dating,
and she soon began a relationship with actor Olivier. They confirmed
their engagement in March.
Halle has previously said being a mother to little Nahla has made her feel 'complete' as a person.
explained in an interview with Essence magazine: 'I'm complete. I have
more to offer my craft because [my daughter] makes me indelibly better
Prior to their split, Gabriel had even spoken about giving their daughter a sibling.
told People: 'Nahla needs a sibling. I think it's important. I've never
known anybody who's had a single child [and] I've always been around
big families. I believe in big families.'
Happier times: Halle, Gabriel and Nahla seen in a cute beach snap in Miami back in 2009