Halle Berry's ex Gabriel Aubry plans fight with Spanish fiance

Halle Berry’s ‘baby daddy’ is swinging back.

TMZ initially reported the actress filed a restraining order against her ex, model Gabriel Aubry, after he engaged in a brawl with her Spanish fiancé, actor Olivier Martínez, in front of her four-year-old daughter Nahla during Thanksgiving break.

Berry shares custody with Aubry.

According to TMZ, a judge issued an emergency order of protection, forcing Aubry to keep his distance, at least 100 yards, from Berry, Nahla and Martínez.

But now Aubry seems to be sharing his side of the story.

Cuban-American gossip blogger Perez Hilton is reporting Aubry insists he was a victim of an unwarranted attack that is allegedly part of some scheme to get him deported, as well as for Berry to win back custody of their daughter. Hilton says Aubry supposedly requested for police to obtain security footage from Berry’s home, which would prove who instigated the fight.

“I told the officers that (Martínez) was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry’s security cameras before she and Mr. Martínez deleted them,” said Aubry in a sworn declaration to officials.

Hilton is also staring Aubry went to court Tuesday in hopes of having the emergency restraining order preventing him from seeing his daughter Nahla lifted. In addition, he filed a restraining order against Martínez, which was granted Monday.

While Berry’s camp insists Aubry provoked the fight by throwing the first punch after dropping off his child, he’s now stating Martínez threatened to “beat the s***” out of him earlier this week. Aubry is also allegedly stating that on Thanksgiving, “Olivier jumped off the stairs and knocked” him to the ground, leading to a brutal fight.

“We called the cops (and when they get here) you’re going to tell them that you’re the one who attacked me, or I’m going to kill you,” revealed in Aubry’s declaration on Martínez’s threat.

Last week, photos surfaced of Aubry with a black eye swollen shut. The fight with Martínez sent him to the E.R. with a broken rib and other facial injuries.

An investigation is ongoing.