BREAKING NEWS - Gabriel Aubry Claims Olivier Martinez Threatened To Kill Him

After the Thanksgivng scuffle with Halle Berry's fiance Olivier Martinez, Gabriel Aubry is preparing to fight back in the form of a restraining order with claims that Martinez threatened his life.

The 36-year-old model alleges in court papers that not only did Martinez start the fight that left him multiple injuries (see above), but also claiming that it was provoked by a judge's recent ruling against Berry to move to France.

"You cost us $3 million," Martinez said during their altercation, according to Aubry. "When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you."

Aubry added that he was met by Martinez during his custodial hand-off Thanksgiving morning, where he told the model they needed to talk.

"All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground," Aubry alleges. "He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

Aubry, who's already under a restraining order, got his own granted against Martinez and hopes to prove his innocence with security camera footage from Berry's home. Because of his arrest, he could possibly face losing shared custody of Nahla as well as deportation.