Gabriel Aubry Won’t Be Charged After Halle Berry Thanksgiving Brawl [Report]

Gabriel Aubry, ex and baby daddy of actress Halle Berry, made headlines for a Thanksgiving Day fisticuffs outbreak with Berry’s new man Olivier Martinez — but now it seems that Aubry won’t face any criminal charges for the brawl.

Gabriel Aubry and Halle Berry have been duking it out for a while over who has what rights to what time with their daughter Nahla, and the battle recently became even more contentious when Berry moved to take Nahla to France — the home of her new fella.

The situation between Gabriel Aubry and Halle Berry boiled over last Thursday, when Aubry and Martinez came to blows during the Thanksgiving bustup — which is said to have been precipitated by Martinez’s attempt to smooth over disagreements between the warring former lovers.

When all was said and done, both men required medical treatment for their brawling-related injuries — and CPS began investigating the situation due to the fact Nahla had been present during the blowup.

Berry sought a temporary injunction to keep Aubry away from all three of them, winning a restraining order to ensure her ex maintained a distance of at least 100 yards from the new couple and his daughter. Aubry was allowed to resume visitation with Nahla yesterday.

Halle Berry's big payout to ex Gabriel Aubry

Now TMZ is reporting that while Aubry was initially reported to be the aggressor and at fault for the brouhaha, he will not likely face any criminal charges following the fight. The site says Martinez “made a citizen’s arrest against” Aubry the day of the fight, but police agreed the spat was a matter of equally cheesed off dudes:

“We’ve learned the case will be sent to the L.A. City Attorney’s Office Thursday, but cops will not make a recommendation as to whether Gabriel should be prosecuted … Law enforcement sources connected to the case tell us … the consensus is that the fight was “mutual combat.” As such, we’re told it’s “highly unlikely” charges will be filed.”

Berry’s temporary restraining order against Aubry is set to expire tomorrow.