updated 11/27/2012 AT 8:25 AM ET
•originally published 11/26/2012 AT 8:25 PM ET
Gabriel Aubry has come back swinging – this time in court papers.
Aubry claims that during their scrape Olivier said, “You cost us $3 million. When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you.”
Aubry has been tangling in court with Berry over her request to move with their 4½-year-old daughter Nahla to France, where Martinez is a citizen. The judge recently ruled against Berry.
The allegations are contained in Aubry’s application for a restraining order against Martinez, which the court granted. Attached to his application were gruesome photos of Aubry’s injuries, including a black eye and cuts and bruises to his face.