After the Thanksgiving Day brawl at Halle Berry's household between her fiance Olivier Martinez and her baby daddy/ex-boyfriend Gabriel Aubry, Aubry came back with a battered face -- and a fistful of court papers.

Since acting like drunken redneck hillbillies didn't work, the two men will have to settle things like gentlemen -- through lawyers who will do all the talking for them.

Aubry has since obtained an restraining order against Martinez for ruining his previously perfect face.

Gabriel Aubry
Video Capture
Gabriel Aubry
Video Capture

In Aubry's version of events, Martinez threatened him the day before the fight. At daughter Nahla's school play, Martinez allegedly told him (hopefully in a ridiculously thick French accent), "I wish I could beat the sh-- 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."

Right now. RIGHT NOW. When? How about right now.

Background info: Aubry and Berry have been locked in a bitter custody battle because Berry wanted to take their daughter and move with Martinez to France. The courts sided with Aubry (meaning Nahla has to stay in the US) and according to him, Martinez didn't like the money the expensive legal proceedings cost.

On Thanksgiving, while dropping Nahla at her mother's house, the little girl supposedly said, "Olivier is here. I'm scared."

Martinez claims Aubry jumped him, but Aubry claims the opposite -- he says Martinez knocked him over and beat the snot out of him while screaming that the custody battle cost upwards of $3 million.

According to Aubry's declaration, Martinez beat his pretty pretty face against the pavement, yelling the whole time that Aubry would allow the family to move to France or Martinez would kill him. The assault allegedly ended with Martinez telling him, "We called the cops ... You're going to tell them that you're the one who attacked me, or I'm going to kill you."

Then Robert De Niro showed up and Martin Scorsese yelled CUT!

Okay, that part didn't happen. Just making sure you're still paying attention.

Anyway, Aubry suspiciously told police none of this information when they took his statement, and sources close to Berry still maintain he's the one who started the fight. Berry currently has a restraining order against Aubry requiring him to stay 100 yards away from her and her family, and now Aubry has one against Martinez because one-percenters have to outdo the rest of us by having multiples of everything.

In the meantime, Aubry's back in court today to ask a judge to lift the restraining order against him so he can see his daughter.

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