Olivier Martinez off the hook: Gabriel Aubry determined to be at fault for fight

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So much for "mutual combat." Though he won't face any criminal charges for his Thanksgiving Day fight with Halle Berry's fiancé Olivier Martinez, it's reportedly been determined by police that Gabriel Aubry threw the first punch.

"Suspect [Aubry] arrived at victim's [Martinez] residence for child custody exchange. Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead. Victim returned with 3 punches to the suspect's head, causing him to fall to the ground. Victim's fiance [Berry] notified police," TMZ has revealed from the final police report.

The report also says that Martinez acted in self-defense, determining, "Victim defended himself and punched the suspect."

Berry's restraining order that prevents Aubry from coming within 100 yards of her, her daughter with Aubry Nahla and Martinez is set to expire today, but this new report could be enough to help her get a new one. She's also reportedly try to get a more permanent restraining order against Aubry.

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