Gabriel Aubry, the father of Halle Berry's daughter Nahla, has obtained a restraining order against Berry's fiance, Olivier Martinez, claiming that Martinez threatened to kill him during their widely publicized brawl Thanksgiving morning.

A Los Angeles judge issued the temporary restraining order requiring Martinez to stay 100 yards from Aubrey until a hearing on Dec. 17, The Associated Press reports.

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Aubry was arrested Thursday on suspicion of battery after the fight with Martinez. He suffered a fractured rib and several bruises and cuts on his face, and was released after posting $20,000 bail. reported Monday that according to Aubry's filing, Martinez screamed during the fight that he and Berry planned to move to Paris and that Aubry, who has joint custody of Nahla, 4, must move there as well or Martinez would kill him.