The 46-year-old star's car was surrounded by four policemen on motorbikes as she took the four-year-old to watch a live performance of kids' TV favourite 'Yo Gabba Gabba' in Hollywood, reported Sun online.
As Berry treated her daughter to a night at the theatre, fiance Martinez stayed away.
Aubry, a 34-year-old French-Canadian model and father of Nahla, attacked Olivier in front of friends and family at the actress' house.
He was later taken to hospital with a broken rib and facial wounds and was later charged with battery.