The French model, 36, claims he was attacked by Martinez, 46, in the midst of a heated exchange after he dropped off Nahla, his 4-year-old daughter with Berry. In his legal declaration, the Wilhelmina model said Martinez vowed to kill Aubry if he didn't move to Paris. (Aubry and Berry, 46, have been embroiled in a heated custody battle since Feb. 2011. Earlier this month, a judge ruled that the Academy Award winner will not be able to move to the European nation with the tot.)
Aubry also alleged Martinez approached him during a play at Nahla's school the day before Thanksgiving. During that exchange, Aubry claimed, Martinez told Aubry he wanted to "beat the sh-t" out of him. "You're lucky we're in school right now," Aubry quoted Martinez as saying. "We're going to take Nahla right now and you're not going to follow us."
It remains unclear which man threw the first punch at Berry's home Nov. 22, though the engaged actors insist Aubry "initiated" the fight. Both men were sent to the emergency room after police arrived on the scene.
Berry has since obtained a restraining order against Aubry, requiring him to stay 100 yards away from her until Dec. 3. If convicted, Aubry faces up to six months in jail. A hearing is slated for Dec. 13.
Aubry also obtained an emergency protective order against Martinez in L.A. Nov. 26; the order is valid until Dec. 17. The Canadian star asked to have his own restraining order lifted, as it prohibits him from seeing his daughter.
This article originally appeared on Usmagazine.com: See Gabriel Aubry's Black Eye, Bloody Face After Olivier Martinez Fight