Gabriel Aubry wants criminal charges brought against Olivier Martinez.
The Canadian model - the father of Halle Berry's four-year-old child Nahla - was involved in a vicious altercation with the French actor, who is engaged to the brunette actress, on Thanksgiving (22.11.12) when he was dropping his daughter back to her mother's house - but he claims to have done "absolutely nothing" to "provoke" Olivier.
A source close to the situation told RadarOnline.com: "Gabe wants criminal charges brought against Olivier for beating the living daylights out of him on Thanksgiving.
"Gabe can't believe that he was the one arrested when he says he did absolutely nothing to provoke the attack. If you look at the pictures of Gabe's hands after the fight, there isn't one scratch, nor did he suffer any wounds to his hands, as Olivier did.
"Gabe says he was rendered defenseless because he was knocked to the ground by Olivier's punches. Remember, Olivier's father was a former professional boxer and he has trained for years also."
According to a sworn court declaration, Gabriel alleges Olivier taunted him the day before Thanksgiving when he took Nahla took a school play, which Halle also attended with the French actor.
Gabriel claims Olivier whispered in his ear in French: "I wish I could beat the s**t out of you right now.
"You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."
The model was arrested for battery after it was claimed he started the vicious fight, but new court documents revealing the extent of Gabriel's injuries allege Olivier, 46, attacked him.
A temporary emergency protection order against the 36-year-old model has now been lifted after he was initially banned from seeing Nahla following the brawl.