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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.

Olivier Martinez Halle Berry Cloud Atlas Premiere
Photo via Getty Images

Law enforcement sources tell TMZ the fight has been labeled “mutual combat,” meaning neither party is to legally blame.

Elsewhere, Aubry was shot down in court yesterday in his attempt to overturn a restraining order against him. He is still barred from getting within 100 yards of Berry, Martinez or daughter Nahla.

But that document expires tomorrow, at which time the actress and the French actor are expected back in court to fight for an extension.