Olivier Martinez claims Gabriel Aubry is entirely to blame for their brawl on Thanksgiving (22.11.12).

The pair came to blows at Olivier's fiance Halle Berry's house when Gabriel was dropping off Nahla, his four-year-old daughter with the 'Cloud Atlas' star and while both were taken to hospital, Gabriel was charged with battery and bail was set at $20,000.

A friend of Olivier's told Us Weekly: ''Gabriel attempted to use his size to intimidate. He shoved Olivier, then punched him. Olivier just defended himself.''

However, Gabriel believes he will be vindicated once security footage of the fight is reviewed.

Halle immediately got a restraining order against the Canadian model following the incident and he is now temporarily banned from going within 100 yards of her, Nahla or Olivier.

A court date for the battery charge has been set for December 13.

The fight reportedly occurred when Olivier tried to speak to Gabriel about the ongoing custody dispute between him and Halle.

After Olivier said to Gabriel ''We have to move on,'' the Canadian model is said to have pushed the French actor and tried to punch him in the face but Olivier blocked it and then a full blown fight broke out.

Gabriel and Halle - who split in 2010 - have been at odds ever since she tried to convince a judge to allow her to move to France with Nahla, a move which was recently blocked by the courts.