Gabriel Aubrey, 37, the father of Halle Berry‘s four-year-old daughter, Nahla, is claiming Olivier Martinez, 46, threatened to kill him during the confrontation last week that ended with Aubry taken to hospital for a broken rib and black eye. Martinez was not hurt during the altercation. The claim was made in a court filing that led a judge yesterday to grant a restraining order against Martinez, who is engaged to Berry. Aubry, pictured at left with his daughter, was arrested following the confrontation last Thursday when Martinez told police Aubry attacked first. However, in court filings Aubry stated he was threatened and attacked without provocation. Aubry shares joint custody of their daughter and for that reason, a judge earlier denied Berry’s request to move the girl to France. Aubrey claims Martinez told him, “You cost us $3 million,” then punched and kicked him in the driveway of Berry’s home after Aubry dropped Nahla off so she could spend Thanksgiving with her mother. The charges will be heard in court next month.