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Annemarie Wiley Files Divorce, Alleges Abuse: CA DV Law Explained

RHOBH's Annemarie Wiley filed for divorce July 6, alleging abuse and seeking a 100-yard stay-away order. What CA Family Code § 6320 means for you.

By Antonio G. Jimenez, Esq.California5 min read

Former Real Housewives of Beverly Hills cast member Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2025, after 12 years of marriage, according to The Hollywood Reporter. She alleges a decade-long pattern of physical, sexual, emotional, and financial abuse and is seeking a 100-yard stay-away order under California's Domestic Violence Prevention Act — a request that, if granted, reshapes custody, home access, and support.

Key Facts

DetailSummary
What happenedAnnemarie Wiley filed for divorce citing irreconcilable differences plus abuse allegations; requested a domestic violence restraining order
WhenDivorce petition filed July 6, 2025; Marcellus arrested July 4, 2025; arraignment set August 4, 2025
WhereDivorce filed in Los Angeles County, California; arrest occurred in Orlando, Florida
Who's affectedThe couple and their three minor children
Key statute/ruleCalifornia Family Code § 6320 (DVPA) and § 3044 (custody presumption)
ImpactA granted restraining order triggers a rebuttable presumption against custody for the restrained parent and can award exclusive home use

Marcellus Wiley denies all allegations. Because his arraignment on the Orlando domestic battery charge is still pending, nothing here comments on the strategy of either party — this is general commentary on how California law treats these situations.

Why this matters legally

A domestic violence restraining order does far more than keep two people apart — in California, it directly changes custody outcomes. When a court finds that a parent has perpetrated domestic violence within the previous five years, Cal. Fam. Code § 3044 creates a rebuttable presumption that awarding that parent sole or joint physical or legal custody is detrimental to the child's best interest. The restrained parent must then affirmatively rebut that presumption; the burden shifts to them.

This is one of the most consequential intersections in family law. A single restraining-order finding can convert a contested 50/50 custody fight into a scenario where one parent starts from a legal disadvantage. That is why a request for a 100-yard stay-away order, exclusive use of the marital home, and custody — the relief reported here — are legally interconnected rather than separate asks. Understanding the child custody framework is essential before any court hearing.

How California law handles this

California divorce runs on a no-fault system: Cal. Fam. Code § 2310 lists "irreconcilable differences" as a ground, meaning neither spouse must prove wrongdoing to end the marriage. Abuse allegations do not change the grounds for divorce, but they profoundly affect the collateral relief — restraining orders, custody, and support.

Under the Domestic Violence Prevention Act, Cal. Fam. Code § 6320 empowers a court to enjoin a party from contacting, attacking, threatening, stalking, or coming within a specified distance of the protected person. The stay-away distance is set by the court; a 100-yard request is common in high-conflict matters. A protected party can also obtain exclusive use of a shared residence under Cal. Fam. Code § 6321, even if both spouses are on the lease or title, when necessary to prevent further abuse.

California also treats emergency situations quickly. A judge can issue a temporary restraining order the same day on an ex parte basis, then set a full hearing — typically within 21 to 25 days — where both sides present evidence before a longer order (up to five years) is decided. California also recognizes that abuse can influence spousal support: Cal. Fam. Code § 4320 directs courts to consider documented domestic violence between the parties when setting support, and § 4325 creates a rebuttable presumption against awarding support to a spouse convicted of certain domestic-violence crimes.

One cross-border wrinkle: the arrest occurred in Florida while the divorce was filed in California. A criminal case in one state and a family case in another can proceed in parallel. California courts can consider conduct that happened elsewhere, and a Florida criminal protective order and a California civil restraining order are separate legal instruments with separate standards of proof — criminal cases require proof beyond a reasonable doubt, while a civil restraining order requires only a preponderance of the evidence.

Practical takeaways

If you are navigating a divorce that involves safety concerns, here is how California's framework translates into action:

  1. Prioritize safety first. If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) is available 24/7. Legal filings come second to physical safety.

  2. Understand that a restraining order and a divorce are separate filings. You can request a domestic violence restraining order the same day, often before or alongside your divorce petition, without waiting for the divorce to progress.

  3. Document everything. Courts weigh contemporaneous evidence — dated photos, texts, medical records, and police reports carry significant weight at the restraining-order hearing.

  4. Know the custody stakes. Because Cal. Fam. Code § 3044 shifts the custody presumption after a DV finding, the restraining-order hearing effectively becomes a custody hearing. Prepare accordingly and review the divorce process in advance.

  5. Map your finances early. Requests for exclusive home use and spousal support hinge on financial disclosures. Use our divorce cost estimator to plan, and build a personalized divorce roadmap to sequence your next steps.

California's no-fault divorce rules mean you do not need to prove abuse to get divorced — but abuse allegations, when substantiated, can decisively shape custody, home access, and support outcomes.

If you are facing a divorce involving safety concerns or contested custody, connecting with an experienced advocate can help you understand your options — you can find a divorce attorney in your county through our directory.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Can you get a restraining order and file for divorce at the same time in California?

Yes. Under California Family Code § 6320, you can request a domestic violence restraining order the same day you file for divorce or independently. A judge can issue a temporary order ex parte, then set a full hearing within roughly 21 to 25 days.

How does domestic violence affect child custody in California?

Significantly. California Family Code § 3044 creates a rebuttable presumption that a parent who committed domestic violence within the past five years should not receive sole or joint custody. That parent bears the burden of rebutting the presumption at the hearing.

Can a spouse get exclusive use of the family home during a divorce?

Yes. Under California Family Code § 6321, a court can grant a protected party exclusive use of a shared residence, even when both spouses are on the title or lease, if it is necessary to prevent further abuse or harm.

Does California require proving fault to get a divorce?

No. California is a pure no-fault state under Family Code § 2310. "Irreconcilable differences" is a sufficient ground, so neither spouse must prove abuse or wrongdoing to end the marriage — though abuse allegations can affect custody and support.

Can abuse allegations affect spousal support in California?

Yes. California Family Code § 4320 requires courts to consider documented domestic violence when setting spousal support, and § 4325 creates a rebuttable presumption against awarding support to a spouse convicted of certain domestic-violence crimes against the other party.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering California divorce law

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