According to documents filed Monday in Los Angeles, Aubry has requested that, out of fear for his safety, Martinez stay at least 100 yards away from him. Additionally, Martinez is not to contact Aubry in any way until a judge hears the case on December 17, 2012.
Included in the documents, Aubry details that the Thanksgiving fight escalated from a confrontation the day before where Martinez allegedly threatened him while he was lunching with his daughter Nahla, 4.
Citing a prolonged custody dispute as Martinez’s trigger, Aubry claims his ex’s fiancé approached him “to talk” when he arrived to pick up his daughter for the holiday on Thursday, November 22.
Rather than talk, Aubry declares that Martinez began to physically assault him [photo of injuries above, left] and threaten him with death unless he agreed to agree to his and Berry’s custody terms with Nahla and move to Paris as well as proclaim that he, not Martinez, started the fight.
“At no time during the altercation with Mr. Martinez was I the aggressor,” Aubry writes. “I fear for my physical safety if I am in the presence of Mr. Martinez.”
Last Thursday, Aubry was arrested and later booked by police for misdemeanor battery after being transported to the hospital for injuries obtained in the brawl.
Other news making your Entertainment Fix today: Angus T. Jones, the young star of Two and a Half Men is featured in a video calling the show “filth” and asking fans to stop watching it, Brad Pitt is talking marriage again, but keeps mum on the details. Plus, Natasha Gargiulo is sitting down with Canadian cutie Carly Rae Jepsen!