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Halle Berry's ex-boyfriend may be accused of domestic assault

Domestic violence can take many different forms. Arguments can easily erupt over children, especially when couples have separated or are divorced, and they have moved on to new relationships. Emotions can run high, and a confrontation can sometimes lead to an accusation of domestic violence.

Was this the recent situation recently at Halle Berry's home? She and her ex-boyfriend, Canadian model Gabriel Aubry, had been involved for some time in a bitter child custody battle over their four-year-old daughter. Recently, Aubry was awarded custody of the girl, but the estranged couple may be forced to re-enter that battle.

On Thanksgiving Day, according to reports, Aubry came to Berry's home to drop the four-year-old off for the holiday. An argument, and then a violent fight erupted between Aubry and Berry's new fiancé, actor Olivier Martinez. According to reports, Aubry was the instigator in the fight, but both Aubry and Martinez were apparently fully involved. Although both men suffered injuries, Aubry ended up being arrested for misdemeanor assault. He posted $20,000 bail before being released.

Aubrey and Berry's daughter was not harmed, and Berry quickly brought her inside the home during the assault to keep her safe. There is little doubt, however, that the little girl witnessed at least some of the violence.

The presence of a young child at the scene of a violent fight is the reason Aubry and Berry may be facing new challenges to their custody arrangements. The Department of Child and Family Services was contacted after the brawl because there is reportedly a history of violence and the agency intends to ensure the girl's environment is safe.

Berry has reportedly secured a restraining order against Aubry, which orders him to stay away from her, the four-year-old and Martinez. Aubrey himself secured another restraining order against Martinez, according to reports, because the fiancé allegedly made death threats during the fight.

Tragically, accusations of domestic assault and child support are far too typical in cases where an estranged couple is involved in a child custody battle. When a domestic violence call is answered by the police, they are typically required to arrest the instigator, but often there is little evidence of what took place beyond accusations between angry people. Officers are often left to use their best who should be arrested.

The fact that Aubry was the one arrested does not necessarily mean that he is guilty. News reports can be unreliable, and it may be that Martinez was the aggressor. In either case, all three adults have a lot at stake, particularly in the DCFS and any criminal cases that may be brought.


  • Yahoo! News, "Halle Berry 'facing new investigation,'" Cover Media, Nov. 26, 2012
  •, "Halle Berry could face another child abuse investigation over fiancé, ex's fight (Video)," Theresa Leschmann, Nov. 28, 2012

Our firm has experience with similar cases. For more information, please visit our Bronx domestic violence defense page.

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