No love lost ... Martinez and Aubrey.

No love lost ... Martinez and Aubrey.

Gabriel Aubry has been released from custody after being arrested and booked for battery following a punch up with Halle Berry's fiancé, Olivier Martinez.

According to TMZ, both men were hospitalised after the 'brutal fight'. Aubrey is said to have suffered a broken rib, facial wounds and possibly a more serious head injury, while Martinez is said to have broken his hand and suffered neck injuries.

The brawl took place inside Berry's home at around 10am on Thanksgiving Day as Aubrey, Berry's former partner dropped off their daughter, Nahla, in a custodial handover.

Olivier Martinez and Halle Berry earlier this year.

Olivier Martinez and Halle Berry earlier this year. Photo: Getty

According to the site, the fight started after Olivier told Aubry: "We have to move on". This is thought to be a reference to the recent custody battle which blocked Halle from moving to France with Nahla. 

Aubry allegedly responded to Martinez's approach by pushing and then punching him.

Sources told TMZ that Berry rushed four year-old Nahla inside the house so she did not witness the fight.

Gabriel Aubry and Halle Berry in 2009.

Gabriel Aubry and Halle Berry in 2009. Photo: Getty

Berry, 46, and Aubrey have been involved in a bitter custody dispute, since they split in 2010 after dating for more than four years. The case has involved accusations of violence after Aubrey allegedly pushed Nahla's nanny into a wall while she held the child. He was not criminally convicted of the charge.

More recently, Berry had made the request to move to France after receiving death threats from a convicted stalker. However, the judge decided that Nahla "Shouldn't be separated from her father," according to Radar Online.

Martinez and Berry, who confirmed their engagement earlier this year, are said to have put their wedding on ice until the custody battle is resolved.

Following Thursday's incident, a judge has issued an emergency protective order, requiring Aubrey to stay 100 yards (91.4m) away from Berry, Martinez and Nahla.

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