Gabriel Aubry with his and Halle Berry's daughter Nahla. Credit: Getty Images
Gabriel Aubry with his and Halle Berry's daughter Nahla. Credit: Getty Images
According to, both Aubry and Olivier Martinez -- Berry's fiancé -- were taken to hospital for treatment following the fight.

The altercation reportedly went down when Aubry was dropping his and Berry's daughter Nahla -- of whom they both share custody -- back at Berry's house. Law enforcement sources suggest that Martinez allegedly told Aubry "We have to move on."

Olivier Martinez (L) and Halle Berry at the premiere of "Cloud Atlas". Credit: Getty Images
TMZ are reporting that according to witnesses Aubry threw a punch at Martinez's face -- which he blocked and took on the shoulder instead -- before pushing him to the ground. The struggle ended when Martinez pinned Aubry to the ground.

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Aubry's injuries are thought to include a broken rib, bruises to his face and a possible head injury. Martinez is thought to have broken his hand and suffered possible neck injuries. Martinez may have also knocked Aubry unconscious during the fight.

Police were called, and Aubry was reportedly escorted to a nearby hospital emergency room before being arrested for battery. Martinez apparently also sought treatment an hour later at the same hospital.

Law enforcement officials told that an emergency protective order has been issued barring Aubry from going within 90 metres of Berry, Martinez and his daughter Nahla.

The vicious custody battle between Berry and Aubry has been dragging on throughout the year. Most recently a judge denied Berry the right to move to France with daughter Nahla (where fiancé Martinez is from). Berry wanted the move on the grounds it would protect her daughter from paparazzi.

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