The French-Canadian hunk's left eye was seriously bruised nearly swelled shut. He sustained the injury at Berry's home after dropping off Nahla, the 4-year-old daughter he shares with the Cloud Atlas actress, 46.
According to one source, Aubry "initiated" the brawl after he and Martinez exchanged words. Aubry "attempted to use his size to intimidate," the source explains. "He shoved Olivier, then punched him. Olivier just defended himself." Since splitting in spring 2010, Berry and Aubry have been in an extended and painful custody dispute over Nahla; a judge recently denied the Oscar winner's request to move her daughter to France full-time.
While Aubry has a court date set for December, Berry has already taken her own precautions. "The judge already issued an Emergency Protective Order that is effective December 3rd," the source says of a temporary restraining order which keeps Aubry 100 yards away from Berry, Martinez, and Nahla.