Martinez and Aubry fight

Aubry and Martinez are both treated at a hospital for injuries after engaging in a physical altercation at Berry’s residence. Martinez performs a citizen’s arrest on Aubry, and was granted an emergency protective order preventing Aubry from coming within 100 yards of Berry, Martinez, and Nahla until November 27, 2012.

According to court filings by Aubry, Aubry says he took Nahla to Berry’s at around 10 AM. He says in a completely unusual move, Martinez came out of the front door — usually the nanny was the go-between. Aubry claims Martinez said, “We need to talk.” Aubry says he walked toward his car to close his door when Martinez jumped off the stairs and knocked Aubry to the ground and started brutally beating him, screaming that Aubry cost them $3 million to fight for custody of Nahla.

AUBRY: Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to the ground. He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so suddenly, I did not see Mr. Martinez’s actions coming, and thus, I was not ready for it and was not able to defend myself.

As Martinez assaulted Aubry he screamed that they were going to move to Paris and Aubry had better move there too or Martinez would kill him. According to Aubry, Martinez said, “You’re going to Paris, you’re going to get your 20 grand a month in child support.”

Aubry claims Martinez then said, “We called the cops,” and that when they show up, “you’re going to tell them that you’re the one who attacked me, or I’m going to kill you.”

Reports suggest Aubrey suffered a broken rib in the brawl. Martinez had a swollen hand and bruised neck.

Aubry was booked on misdemeanor investigation of battery, and later released on $20,000 bail. He is scheduled to appear in court Dec 13.