Olivier Martinez seen wearing hand brace after Gabriel Aubry fight Halle Berry, right, a cast member in "Cloud Atlas," talks to fiance Olivier Martinez at the premiere of the film at Grauman's Chinese Theatre on Oct. 24, 2012, in Los Angeles. / Chris Pizzello/Invision/AP Halle Berry's fiance Olivier Martinez was seen leaving the hospital with his hand wrapped up in a brace after his Thanksgiving day fight with Berry's ex Gabriel Aubry at her Hollywood Hills home. Us Weekly has obtained a photo of the 46-year-old French actor leaving Cedars-Sinai Hospital in Beverly Hills, Calif, with a splint on his right hand. This photo shows Gabriel Aubry, who was arrested after a Thanksgiving confrontation at Halle Berry's house with the actress' fiance, Olivier Martinez. / AP Photo/Los Angeles Superior Court Berry's ex and father to her 4-year-old daughter, Aubry was arrested on suspicion of misdemeanor battery after his confrontation with Martinez, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, according to the filings. The 37-year-old Aubry says the fight left him with a broken rib. He has a Dec. 13 court date for the possible battery case, which has not been filed by prosecutors. Aubry and Berry have been engaged in a lengthy custody battle. Earlier this month a judge ruled that Berry could not move to France with her daughter.