Gabriel Aubry

Police officials say Gabriel Aubry was to blame for the Thanksgiving Day brawl at Halle Berry's house, but just the same, he is unlikely to be charged criminally.

Detectives are now clear on what they believe happened: Gabriel committed two battery offenses against Olivier Martinez before Olivier tried to defend himself.

After Gabriel dropped off Nahla, Olivier walked out and said, "We have to talk." Gabriel then shoved Olivier (#1) and took a swing at him, hitting his shoulder (#2).

At that point, Olivier responded in self defense and clocked him three times in the face.

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On Thanksgiving morning, Olivier Martinez dropped Gabriel Aubry with a few roundhouses to the face.

Now, according to TMZ sources, the Canadian model has dropped the restraining order he subsequently took out against the French actor.

With Halle Berry and Aubry having reached a legal settlement in their custody/protective order battle, Gabriel's attorney went to court Friday and told a judge his client no longer needed to be kept away from Martinez.

A couple days after the holiday brawl, Aubry had said Martinez was to blame for the fisticuffs, bashing his head against the concrete for no reason.

But the police disagree. In a report filed that same day, cops say Aubry threw the first punch... it simply missed. And, as a result, he was then an open target for Olivier to leave him bloody and beaten.

Authorities determined Martinez was acting in self-defense.

One week after their relationship hit rock bottom, Halle Berry and Gabriel Aubry have reportedly agreed to a legal truce.

Details of the accord are scarce, but Aubry showed up in court today (Berry and fiancé Olivier Martinez were absent), with his attorney and Berry's attorney releasing a joint statement a short while ago that simply reads:

"The parties have reached an amicable agreement. There will be no further statements regarding this matter."

At immediate issue had been the protective order against Aubry granted to Berry on Thanksgiving, hours after Gabriel and Martinez brawled on her property and the latter was arrested for battery.

It was scheduled to expire today.

Aubry, meanwhile, had also been provided with a temporary restraining order against Martinez. He alleges that the actor started the fisticuffs and threatened his life - but the official police report points the finger of blame for the fight directly at Aubry.

Donald Trump has inserted himself into the Gabriel Aubry-Olivier Martinez feud because... well, that's just what Donald Trump does at this point in his life.

With the police blaming Aubry for the brawl, and with Aubry clearly receiving the MUCH worse end of the confrontation, Trump Tweeted yesterday:

"Gabriel Aubry should learn how to fight—he became a punching bag," adding of Halle Berry: "Always drama with Halle B!"

Truly profound stuff here from The Donald. At least he didn't ask for Berry's birth certificate.

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He may not face any criminal charges for the Olivier Martinez fight, but Gabriel Aubry was the culprit responsible for these fisticuffs.

That's what the police believe, as TMZ has obtained the official report filed not long after authorities responded to this brawl on Halle Berry's property last Thursday morning.

It lists Aubry as the "suspect" and Martinez as the "victim."

"Suspect arrived at victim's residence for child custody exchange," according to the document. "Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead. 

"Victim returned with 3 punches to the suspect's head, causing him to fall to the ground. Victim's fiance [Halle] notified police."

Ouch. So Aubry started the fight AND got the worst of the fight? That hurts, figuratively and literally.

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Forget the He Said/He Said behind last week's brawl between Gabriel Aubry and Olivier Martinez.

Here is what the police reportedly say:

Aubry will NOT face any criminal charges as a result of the incident, which he swears under oath was instigated by Halle Berry's fiancé on Thanksgiving morning - and which the recent batch of bloody Gabriel Aubry photos make clear was especially one-sided.

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Gabriel Aubry took another beating today, though, this time around, the Canadian model didn't end up with any black eyes.

A family court judge shot down Aubry's request to lift the restraining order put in place against him on Thanksgiving, which Halle Berry requested after Gabriel got into a brawl with Olivier Martinez.

As a result, he must remain at least 100 yards away from daughter Nahla.

Still, the protective order expires on Thursday. Berry and Martinez are expected in court again that day to ask for an extension.

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For the record, we have no idea what happened at Halle Berry's house Thanksgiving morning.

Did Gabriel Aubry simply go off on the actress' fiance, Olivier Martinez, as initial reports suggest? Did Martinez instigate the brawl, slamming Aubry's head into the concrete on multiple occasions?

That's what Aubry alleges.

Perhaps we'll know the truth at some point. But for now, all we have are the following photos, taken of Aubry soon after the encounter:

We know: DAMN!

These shots either prove Aubry's accusations... or prove that he's a really bad fighter.

Whose story are you buying? Whose side are you on in this bloody feud?

Gabriel Aubry will appear in family court today with one goal in mind: access to his daughter.

As previously reported, Halle Berry was granted a temporary protective order on Thanksgiving, following the brawl between Aubry and Olivier Martinez that resulted in each man going to the hospital and the model being arrested for battery.

It orders Gabriel to remain 100 yards away from Martinez, Berry and four-year old Nahla.

But Aubry's attorneys will argue in court this morning that their client deserves to see his daughter, considering his contention that Martinez instigated the fight, allegedly slamming Aubry's head into the concrete and even threatening to kill him.

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Gabriel Aubry is telling a very different story than the one that's been reported regarding his brawl and arrest for battery on Thanksgiving.

With Halle Berry looking to get a restraining order against him, Aubry has already also obtained one against the actress' fiancee, Olivier Martinez, saying in court documents that the French actor brutally beat him on Thursday after threatening him the day before.

According to the Canadian model in a sworn declaration, this is what led to the Gabriel Aubry assault charges:

At a school event on Wednesday, Martinez approached Aubry and told him - in French - that he wished he could "beat the sh-t out of him."

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