Releasing photos of himself with a black eye and cuts to his face, Aubry claimed that he was the victim in the November 22 punch-up with Berry's fiancé, French actor Olivier Martinez, in the driveway of her Los Angeles house.

"I suffered numerous injuries as a result of the attack, including a fractured rib, multiple bruises on my face and a number of cuts which required stitches," Aubry said in court papers, alleging that Martinez had threatened the day before to kill him.

"It all happened so fast and so suddenly; I did not see Mr Martinez's actions coming and thus I was not ready for it and was not able to defend myself," Aubry wrote.

Aubry, Martinez, and the Oscar-winning "Monster's Ball" actress have been embroiled for months in a custody fight over Berry's 4-year-old daughter, Nahla. Berry wants to take the daughter she had with Aubry to live with her and Martinez in France, but a Los Angeles judge denied that request earlier in November.

Aubry claimed in his request for a restraining order on Monday that Martinez told him, "You cost us $3 million," while the French actor punched and kicked him on November 22.

Aubry, a Canadian model, was arrested last week for battery after the fist fight, and ordered to stay away from Berry, the child, and Martinez.

Neither man has been yet been formally charged in the case.

(Reporting by Jill Serjeant; Editing by Jackie Frank)

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