Gabriel Aubry has claimed Olivier Martinez threatened to kill him during their brawl on Thanksgiving Day (22.11.12).

The Canadian model is reportedly seeking a court order to prevent Olivier - who is engaged to Gabriel's ex-girlfriend Halle Berry - from seeing their four-year-old daughter Nahla after he received a death threat from the French actor.

Gabriel claims Olivier said to him: ''We need to talk'' as he dropped Nahla off at Halle's house before proceeding to knock Gabriel to the ground and beating him, shouting that their custody war had cost him and Halle moving to Paris with the youngster.

According to the declaration taken by lawyers, Olivier then allegedly threatened he would kill Gabriel if he didn't let them move, saying: ''We called the cops,'' and that when they showed up, ''you're going to tell them that you're the one who attacked me, or I'm going to kill you.''

Both men were hospitalized after the incident and Gabriel was issued with a restraining order to stay 100 yards away from his Halle, her fiance and Nahla.

TMZ have reported Gabriel's lawyers are fighting against this order today (27.11.12).

A source from Child Protective Services confirmed to RadarOnline that the four-year-old girl was not present during the fight.

They explained: ''Nahla wasn't actually involved in the melee, and by all accounts, Halle whisked her out of the driveway as soon as the fight between Olivier and Gabe started.

''However, DCFS (Department of Children and Family Services) was contacted because there has been a history of allegations of physical abuse.

''Social workers will be interviewing Halle, Gabriel and Olivier about what happened on Thanksgiving. DCFS must ensure that Nahla's environment is safe.''