Police reports claim Gabriel Aubry instigated his fight with Olivier Martinez.
The model is unlikely to face charges over last week's brawl with the French actor - which occurred when he took his four-year-old daughter Nahla back to the home she shares with mother Halle Berry and her current partner - but documents appear to show he was at fault for the physical row.
According to documents obtained by website TMZ, after interviewing Gabriel, Halle and Olivier, the investigating officer concluded: "Suspect [Gabriel] arrived at victim's [Olivier] residence for child custody exchange. 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 three punches to the suspect's head, causing him to fall to the ground. Victim's fiancee notified police.
"Victim defended himself and punched the suspect."
Gabriel is since reported to have claimed that Olivier that threatened to kill him when they attended a play at Nahla's school the day before.
However, sources told the website Gabriel never reported the threats to police, even when officers contacted him after the incident and asked whether he wanted to give any more information.