Gabriel Aubry wants his side of the story told after his Thanksgiving Day brawl Olivier Martinez at Halle Berry's L.A. home.

Aubry says he was attacked by Martinez during an argument after he dropped off Nahla, his 4-year-old daughter with Berry. In his legal declaration, Aubry claims Martinez vowed to kill him if he didn't move to Paris. (Aubry and Berry have been in a heated custody battle since Feb. 2011. Earlier this month, a judge ruled that Berry will not be able to move to the France with the ex-couple's child)

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.

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.

Read more: http://www.usmagazine.com/celebrity-news/news/see-gabriel-aubrys-black-eye-bloody-face-after-olivier-martinez-fight-20122711#ixzz2DRrNf3Wt 
Follow us: @usweekly on Twitter | usweekly on Facebook