Aubry, who has been ordered to stay 100 yards away from his ex, Martinez and Nahla after the fight, claims that the French actor had threatened to kill him if they failed to move to Paris, the TMZ reported.
Berry and Aubry are currently embroiled in a bitter custody dispute over their four-year-old daughter, Nahla. She and Martinez were planning to move to France but a judge ruled against it.
According to Aubry, it was Martinez who first jumped on him and knocked him to the ground and started brutally beating him, screaming that Aubry cost them USD 3 million to fight the custody war.
His lawyer has attached photographs of Aubry's injuries which are brutal.
Martinez is also said to have hurt his hands in the fight, which Berry's camp claims was started by Aubry. Aubry was arrested for criminal battery.