Gabriel Aubry

*He won’t face any criminal charges for fighting Olivier Martinez, but Gabriel Aubry was the instigator, according to an official police report filed soon after authorities responded to the brawl on Halle Berry’s property the morning of Thanksgiving.

The report, obtained by TMZ.com, lists Aubry as the “suspect” and Martinez as the “victim.”

“Suspect arrived at victim’s residence for child custody exchange,” according to the document. “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 [Halle] notified police.”

Aubry did not say anything to cops at the scene about the death threats he later alleged came from Martinez.

Moreover, law enforcement officials confirm that the French actor was “[defending] himself” from Gabriel’s initial attack. Still, Aubry is unlikely to be prosecuted for his actions.

Meanwhile, the custody battle over Berry and Aubry’s daughter Nahla continues. Berry and Martinez are expected to seek a permanent restraining order against Aubry, who was legally denied access to his daughter earlier in the week.