Gabriel Aubry basically got his ass kicked. That's if, of course, you believe his side of the story.

Because while Halle Berry was looking to get a restraining order against Aubry extended, he himself got a restraining order against her fiance` Olivier Martinez yesterday (Nov. 26). He claims Martinez started the fight with him on Thanksgiving.

"We need to talk," Aubry claims Martinez told him on Thursday morning, when he was dropping off Nahla, the daughter he shares with Berry.

In his court filing, Aubry said that Martinez ambushed him after he got out of his car, punching and kicking him, then slamming his head into the concrete.

“You cost us 3 million dollars,” Martinez told him. Martinez was potentially referring to Berry's attempt to move to France with Martinez and Nahla. In a 19-day civil suit in September a judge ruled that Aubry would get custody of Nahla if Berry wanted to move to Paris.

"When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you," Martinez allegedly told Aubry. "You're going to Paris, you're going to get your $20 grand a month in child support. I’m not just some fucking actor. You don’t know me.”

Then, according to Aubry's story, Martinez told him to tell police that he'd attacked him.

"You’re going to tell them that you’re the one who attacked me," he said. "Or I’m going to kill you."

When police arrived, Aubry claims he told them to check security cameras for footage showing that it was Martinez who attacked him first. But there is no footage to support his claims.

"Apparently the cameras were repositioned so it's not on tape," says a source. “That’s a sign that someone’s innocent. He was begging to get the tape."

The problems between the two men started the day before, when Martinez and Berry showed up at Nahla's school.

“I wish I could beat the shit out of you right now," Aubry claims Martinez told him. "You’re lucky we’re in school right now."

Aubry said he suffered a fractured rib and needed stitches for a variety of cuts. Photos show that he got beat up pretty badly.

[via NY Daily News]