Gabriel Aubry Denies Secret Marriage To Halle Berry

Gabriel's lawyers filed a petition for a restraining order against Olivier Martinez. In the docs, there are multiple references to Halle as Gabriel's "ex-wife."

Sources involved in Gabriel's case tell TMZ ... it was simply an error -- Gabriel and Halle were never married.

One other loose end on the fight front. TMZ reported earlier yesterday it is highly unlikely Gabriel will be prosecuted for battery. Aside from law enforcement's view that it was "mutual combat" between Gabriel and Olivier, another thing in Gabriel's favor is that the moment police arrived, Gabriel repeatedly asked cops to check the video. The upshot -- he had nothing to hide and wanted them to see how the fight started.