Berry waged a difficult custody battle with Aubry when she wanted to move with Nahla to France.
CNN: Halle Berry on pregnancy: 'Biggest surprise of my life'
Berry also has a daughter, Nahla, 5, with her ex-boyfriend, Canadian model Gabriel Aubry.
Berry, 46, and Aubry have been engaged in a bitter legal fight over custody of Nahla since their five-year romance ended in 2010.
CNN: Halle Berry battles ex again over daughter
In the statement, Aubry said Martinez first threatened him the day before, when Berry and the two men were visiting Nahla's school.
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