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November 23. 2012 7:26PM

Halle's ex headed to court after brawl


Actress Halle Berry and her fiance French actor Olivier Martinez pose during the premiere of "Cloud Atlas" at Grauman's Chinese theatre in Hollywood, California, in this October 24, 2012 file photo. The father of Halle Berry's daughter is headed to court after he was arrested following a fistfight with her fiance outside the Oscar winning actress' Los Angeles home on Thanksgiving, police said. Canadian model Gabriel Aubry, 37, was later released on $20,000 bail after being charged with misdemeanor battery following the punch-up with Berry's fiance, French actor Olivier Martinez, 46, in the driveway of her house on Thursday. (REUTERS/Fred Prouser/Files)

LOS ANGELES - The father of Halle Berry's daughter is headed to court after he was arrested following a fistfight with her fiance outside the Oscar winning actress' Los Angeles home on Thanksgiving, police said.

Canadian model Gabriel Aubry, 37, was later released on $20,000 bail after being charged with misdemeanor battery following the punch-up with Berry's fiance, French actor Olivier Martinez, 46, in the driveway of her house on Thursday.

The altercation occurred during a custodial hand-off involving Berry's 4-year-old daughter with Aubry, Nahla, according to Los Angeles police officer Julie Boyer.

After the scuffle, Aubry and Martinez were both taken to Cedars-Sinai Medical Center with "non-life-threatening injuries," Boyer said.

Aubry is due to appear in court on Dec. 13.

Berry, 46, who won a best actress Oscar for her role in 2001 film "Monster's Ball," has been embroiled in a bitter custody battle with Aubry since they broke up in April 2010.

Earlier this month, a judge denied Berry's request to move to France with Nahla.

Berry and Martinez met while filming the movie "Dark Tide." They announced their engagement in March.

A judge has since issued an emergency protective order requiring Aubry to stay at least 100 yards from Berry, their daughter and Martinez, according to celebrity website, TMZ.com.


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