PICTURE: Olivier Martinez Leaves Hospital With Hand Brace Days After Gabriel Aubry Fight

USMagazine, Tuesday, November 27, 2012, 1:20pm (PST)

Don't expect Gabriel Aubry and Olivier Martinez to shake hands and make up anytime soon -- especially now that Martinez's hand is all wrapped up in a brace because of their Nov. 22 brawl.

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On Tuesday, Nov. 27, the French actor, 46, was spotted leaving Cedars-Sinai Hospital in Beverly Hills with a splint on his broken right hand. The break resulted when Martinez -- who is engaged to his Dark Tides co-star Halle Berry -- came to blows with his fiancee's ex over an alleged custody dispute on Thanksgiving. (Aubry, 36, and Berry, 46, have been locked in a vicious battle over the care of their 4-year-old daughter, Nahla. Earlier this month, a judge ruled that the Oscar-winning actress could not move to France with the tot.)

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Both men were sent to the emergency room after police responded to the incident at Berry's home, but it was Aubry who walked away with the more apparent injuries.

In the days after the fight, the French-Canadian model was photographed with his eye bruised and nearly swollen shut. He also suffered several other contusions to his normally flawless face.

According to one source, Aubry "initiated" the brawl and "attempted to use his size to intimidate...Olivier just defended himself."

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Berry has since obtained a restraining order against her former love, requiring him to stay 100 yards away from her until Dec. 3. If convicted, he faces up to six months in jail.

Aubry also obtained an emergency protective order against Martinez in L.A. Nov. 26; the order is valid until Dec. 17. In his legal declaration to the court, Berry's ex alleged that the actor vowed to kill him if he didn't move to Paris and had previously threatened to "beat the s--t" out of him during an event at Nahla's school. He also asked to have Berry's restraining order against him lifted, as it prohibits him from seeing his daughter.

This article originally appeared on Usmagazine.com: PICTURE: Olivier Martinez Leaves Hospital With Hand Brace Days After Gabriel Aubry Fight