Halle Berry’s ex, Gabriel Aubry, has obtained a restraining order against Berry’s fiancé, Olivier Martinez.

In the paper’s there is a surprise reference to Halle as Gabriel’s “Ex-Wife” raising the question, did they secretly tie the knot?   In the section of the request for a temporary restraining order asking the about the relationship of the parties the document reads, “Respondent is the fiancé of my ex-wife, Halle Berry.”

Why would Gabriel refer to Halle Berry as his ex-wife if they were never married?  That is definitely not a mistake one makes.  It is unclear whether the two were ever actually married.

As for the details as to what went down on Thanksgiving morning, Aubry’s account is very different then what Oliver Martinez is claiming happened.  Aubry claims it was  Martinez who threw the first punch.

According to the papers he filed, Aubry arrived to Berry’s home Thanksgiving morning to drop off daughter Nahla, and Martinez came outside, telling Gabriel, “We need to talk.” Then Aubry claims, as he turned to close his car door, Martinez jumped on him, punched him and knocked him to the ground, yelling that Aubry had cost them $3 million in the custody battle.

Earlier this month, Berry failed to get primary custody of Nahla, with the judge siding with Gabriel for a 50/50 arrangement.

Aubry then alleges Martinez threatened him, saying they were moving to Paris and if Gabriel didn’t move as well, Martinez would kill him. Aubry’s lawyer filed the papers, with graphic photos of the model’s beaten face.

What do you think – were Halle and Gabriel secretly married?