Gabriel Aubry - Gabriel Aubry claims Olivier Martinez threatened to kill him
Gabriel Aubry has been granted a restraining order against Olivier Martinez and claims the French actor threatened to kill him during their bust-up
The Canadian model was granted his own civil protection from the French actor - who is engaged to his ex-girlfriend Halle Berry - in Los Angeles yesterday morning (26.11.12) after claiming Olivier threatened to kill him when they got into a violent bust-up last Thursday (22.11.12).
A source told E! News that the 36-year-old claimed in court documents that Olivier said he would kill him if he didn't let Halle move to France with their four-year-old daughter Nahla.
The duo got into a heated fight after which Gabriel was hospitalised for multiple injuries including a broken rib and a swollen black eye before he was later arrested on suspicion of a misdemeanour battery.
Halle immediately secured a temporary emergency protection order against him to keep him at least 100 yards away for her, their four-year-old daughter Nahla and Olivier for 72 hours.
The actress's lawyer has confirmed she plans to ask for the order to be extended this week and a hearing has already been scheduled to decide whether to make it permanent for December 17.
The insider said that two police officers arrived at Halle's home in an unmarked car yesterday afternoon and stayed for about 45 minutes.
Meanwhile, Child Protective Services are reportedly formally investigating the fight because Nahla was reportedly present.
A source told RadarOnline.com: ''Nahla wasn't actually involved in the melee, and by all accounts, Halle whisked her out of the driveway as soon as the fight between Olivier and Gabe started. However, DCFS (Department of Children and Family Services) was contacted because there has been a history of allegations of physical abuse.
''Social workers will be interviewing Halle, Gabriel and Olivier about what happened on Thanksgiving. DCFS must ensure that Nahla's environment is safe.''