Halle Berry's Ex Gabriel Aubry Headed to Court to Lift Emergency Protection Order

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Gabriel Aubry will return to court Tuesday to ask a judge to lift the emergency protection order placed against him after he got involved in a physical altercation with Olivier Martinez, the fiance of his former girlfriend, Halle Berry, on Thanksgiving.

According to TMZ, lawyers for Aubry, 37, will argue that Martinez initiated the fight that left him with a black-and-blue eye and scrapes on his face.

Lawyers for Berry, 46, will also appear in court to counter Aubry's request, says TMZ.

Berry obtained the emergency protection order against Aubry shortly after the Thanksgiving blowout. It prevents Aubry from coming within 100 yards of Berry, their daughter Nahla, 4, and Martinez.

On Monday, Aubry obtained a restraining order against Martinez. In court documents, Aubry alleged that during the scuffle Martinez threatened to kill him.

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

Aubry, Berry and Martinez found themselves at the center of a nasty custody battle after Berry made attempts to move Nahla to Paris, she said to shield her daughter from the paparazzi.

A judge denied Berry's request earlier this month.

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