Gabriel Aubry Arrested After Brawl with Olivier Martinez
updated 11/22/2012 AT 10:00 PM EST
•originally published 11/22/2012 AT 05:00 PM EST
The brawl left both Gabriel Aubry, the father of Berry's daughter Nahla, and current love Olivier Martinez injured after Aubry dropped off their 4½-year-old to celebrate Thanksgiving, the Los Angeles Police Department confirms to PEOPLE.
"Gabriel attacked Olivier and Olivier defended himself," a source tells PEOPLE. Martinez – whose father was a professional boxer – boxed competitively for a number of years prior to his acting career.
According to TMZ, Martinez, 46, approached Aubry, 36, to speak with him and the two began to fight. Martinez may have a broken hand and neck injuries, while Aubry suffered a broken rib, contusions to the face and a possible head injury. Both were treated at a hospital.
Aubry later "was booked for a private persons arrest for battery," LAPD spokesperson Andrew Smith tells PEOPLE. He has since been released from custody and will appear in court on Dec. 13.
Additionally, PEOPLE confirms that an emergency protective order was granted requiring Aubry to stay 100 yards away from Berry, Martinez and Nahla. The altercation follows this month's court decision denying Berry the right to relocate her daughter to France.
Reporting by RAHA LEWIS, JULIE JORDAN and PETER MIKELBANK