Access Hollywood reports that Halle Berry’s ex-boyfriend, Gabriel Aubry told judges the battery charges were not correct because he fought in self-defense against Olivier Martinez. According to the actress’ former partner, it was Martinez who assaulted and threatened to kill him, so the Canadian model had to defend himself.

Gabriel Aubry is gathering evidence in support of his case in order to prove judges that he should not be held responsible for the violent confrontation he had with Martinez last Thursday. The model claims he fought in self-defense and requested judges to grant him a restraining order against Olivier Martinez.

According to Aubry’s declaration, it was Halle Berry’s fiancé who initiated the fight. The ex-boyfriend arrived at the actress’ house to allow Nahla to spend Thanksgiving Day with her mother, but was immediately attacked by Martinez. The model further added that he didn’t do or say anything that might have initiated the fight.

In fact, Aubry wrote in court filings that Martinez also attacked and threatened to kill him a day before the brawl. The two actors took part in an event at the girl’s school and Martinez threatened Aubry as soon as he saw him in the crowd. The next day, when Aubry arrived at the actress’ home, Olivier started punching and kicking him because he caused them to lose $3 million. Images illustrating Aubry’s cuts and black eyes were included in the court filings in order to prove that he fought in self-defense.

Aubry requested authorities’ protection against the French actor Olivier Martinez because the latter threatened to kill him if Nahla cannot move to Paris. A hearing was set on December 17 so judges could determine whether a three-year restraining order should be granted. Meanwhile, Aubry has to show up in court on December 13 to face the battery charges that were brought against him.