A 37-Year-Old Father Was Booked Following Driveway Custody Fight With Halle Berry’s Fiancé

A 37-year-old father was arrested following an alleged driveway custody dispute in Los Angeles that left him badly injured, police said.

Gabriel Aubry, 37, is based in Los Angeles and is the ex-partner of Halle Berry, with whom he shares custody of their daughter, Nahla.

On Thanksgiving morning 2012, Aubry pulled up to Berry’s Los Angeles home to collect Nahla under their custody agreement, according to reports.

The father had arrived at the residence to carry out the routine handoff many times before, records show.

Waiting for him in the driveway was French actor Olivier Martinez, who was engaged to Berry at the time.

Within minutes, the scheduled custody handoff turned into a driveway fistfight that neither man walked away from cleanly, police said.

Aubry allegedly threw the first punch during the altercation, according to investigators.

Police who investigated concluded the father aimed for Martinez’s head but missed, catching the actor’s shoulder instead.

Aubry was the one who ended up on the ground as the clash unfolded, police said. Martinez answered by landing three punches directly to the father’s head, according to investigators.

Paramedics reached the residence to treat Aubry shortly after the violence ended, records show.

Aubry had suffered two black eyes during the confrontation, with one eye swollen almost completely shut, according to reports.

The father sustained bruised ribs alongside a serious head injury during the driveway fight, according to reports. The physical damage was extensive enough to put him in a hospital gown instead of a jacket.

Martinez left the encounter with a sore neck, according to reports.

Doctors initially examined Martinez for what they believed was a broken hand, records show. Those injuries never left the French actor looking like the loser of the two men.

Aubry was the one booked for misdemeanor battery, police said.

Authorities held the father on $20,000 bail following his arrest, records show. Yet Aubry was the individual whose injuries required a hospital bed.

Aubry gave an entirely different version of events in a petition for a restraining order filed days later, court records show.

Martinez walked down the stairs and knocked Aubry to the ground without provocation, the father alleged in court documents.

The actor then grabbed Aubry’s head and slammed it into the concrete driveway, according to the filing.

Martinez screamed during the assault that they were moving to Paris and that Aubry had better move there as well, the petition states.

The actor allegedly threatened that he would kill Aubry if he failed to relocate, according to the father’s filing.

Aubry alleged that once the fighting ceased, Martinez leaned in close to dictate how the altercation should be described to police.

“You’re going to tell them that you’re the one who att*ck*d me, or I’m going to k*ll you,” Martinez allegedly told him, according to court documents.

The restraining order remained in place for approximately a week before Aubry dropped it, court records show. The two men quietly reached a settlement to resolve the matter out of court.

Prosecutors never filed criminal charges against either man in connection with the Thanksgiving brawl, records show. Aubry was summoned to a city attorney’s office rather than a courtroom and warned that any future trouble would be handled differently.

Martinez married Berry the following year, and the couple divorced two years after that.