Mr. Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Mr. Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Mr. Martinez told police that Mr. Aubry had attacked first, the filings state.
A representative for Mr. Martinez could not be immediately reached for comment.
Mr. Aubry’s filing claims Mr. Martinez threatened him the day before the fight at an event at his daughter’s school that he and the actors attended. Mr. Aubry, a model, has a 4-year-old daughter with Miss Berry and the former couple have been engaged in a lengthy custody battle.
The proceedings have been confidential, but Mr. Aubry states a major aspect of the case was Miss Berry’s wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Miss Berry’s court filings state, and Mr. Aubry shares joint custody of the girl.
Mr. Aubry claims Mr. Martinez told him, “You cost us $3 million,” while he was punched and kicked in the driveway of Miss Berry’s home. Mr. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Mr. Aubry claims Mr. Martinez threatened to kill him if Mr. Aubry didn’t move to Paris.
Miss Berry was not in the driveway during the confrontation, nor was their daughter, the documents state.
Photos of Mr. Aubry’s face with cuts and a black eye were included in his court filing.
A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Mr. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.
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