The men both suffered significant injuries from a brawl on Thanksgiving morning, which allegedly began over the custody of Aubry and Berry's daughter Nahla.
It had been reported that Aubry would not be charged for the altercation, despite the fact that police believed he instigated the fight.
A law enforcement source has now told TMZ that Aubry was told he will escape charges this week, but will likely have to attend an informal court hearing over the matter.
It is thought that he could be required to attend anger management classes in order to avoid prosecution.
Representatives for Berry, Aubry and Martinez have not commented on this latest report.