Model Gabriel Aubry claims he was the victim, not the perp, in the brawl with Halle Berry’s boyfriend at the actress’ house on Thanksgiving.

Berry’s estranged baby daddy sent his lawyer to court Monday for a restraining order against Berry’s fiancé Olivier Martinez, who he claims punched him out and sent him to the hospital.

Aubry’s lawyer Shawn Holley declined to comment after the court granted the model the restraining order against Martinez.

According to sources, Aubry was at Berry’s Hollywood Hills house around 10 a.m. Thursday with their 4-year-old daughter Nahla, whom he was handing off to the starlet.

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