In his legal declaration, Aubry, 36, claims that, in the midst of their fight, Martinez screamed that he would kill Aubry if he didn't move to Paris. (Berry and Aubry are currently embroiled in a bitter custody dispute over their four-year-old daughter, Nahla. The actress and her new love had been hoping to move the tot to the French city, although a judge recently shut those plans down, arguing that the relocation would make it more difficult for Aubry to spend time with his little girl.)
Aubry also claims that Martinez approached him during a play at Nahla's school the day before Thanskgiving, and told him that he wished he "could beat the sh-- out of you right now. You're lucky we're in school right now. We're going to take Nahla right now and you're not going to follow us."
Nahla's dad's legal account paints a very different picture of last week's events than Berry and Martinez's tale. (The pair say Aubry was the one who "initiated" the fight.)
Following the violent altercation, Berry was granted an Emergency Protective Order against her ex, a source tells Us Weekly. The temporary restraining order, which goes into effect December 3, means Aubry must also stay 100 yards away from the Cloud Atlas star, Martinez and Nahla.