Berry's ex and fiance in skirmish (From Lancashire Telegraph)

Berry's ex and fiance in skirmish

5:50am Tuesday 27th November 2012 in National Entertainment News © Press Association 2013

Halle Berry's ex-boyfriend has claimed the actress's fiance threatened to kill him during a confrontation that left him with a broken rib, bruised face and under arrest.

Gabriel Aubry's claims are included in court filings that led a judge to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.

Aubry, 37, was arrested on suspicion of misdemeanour battery after his confrontation with Martinez, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation.

Martinez told police that Aubry had attacked first, the filings state.

A representative for Martinez could not immediately be reached for comment.

Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school that he and the actors attended.

Aubry, a model, has a four-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.

The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her.

The request was denied on November 9, Berry's court filings state, and Aubry shares joint custody of the young girl.

Aubry claims Martinez told him: "You cost us three million US dollars," while he was punched and kicked him in the driveway of Berry's home.