Former Real Housewives of Beverly Hills star Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2025, after 12 years of marriage, seeking sole legal and physical custody, spousal support, and a 100-yard restraining order amid allegations of a decade of physical, sexual, emotional, and financial abuse. For California residents, the case illustrates how Cal. Fam. Code § 3044 creates a rebuttable presumption against custody for a parent found to have committed domestic violence.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce alleging abuse and seeking sole custody plus a restraining order |
| When | Divorce filed July 6, 2025; domestic battery arrest July 4, 2025 |
| Where | Divorce filing in California; arrest in Orlando, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their three minor children |
| Key statute | Cal. Fam. Code § 3044 (DV custody presumption) |
| Impact | Abuse allegations can trigger a rebuttable presumption against joint or sole custody for the accused parent |
As The Hollywood Reporter reported, the July 6 filing came two days after Marcellus Wiley's July 4 arrest on a domestic battery charge in Orlando. Marcellus Wiley has denied all allegations. Because divorce.law does not comment on the litigation strategy of people in active cases, this commentary uses the filing only as a lens for explaining how California law treats these issues generally.
Why this matters legally
Domestic violence allegations fundamentally reshape a California custody case. Under Cal. Fam. Code § 3044, when a court finds that a parent committed domestic violence against the other parent or the children within the previous five years, a rebuttable presumption arises that awarding sole or joint custody to that parent is detrimental to the child's best interest. This presumption shifts the burden onto the accused parent to prove that custody would nonetheless serve the child's welfare.
An allegation alone does not trigger the presumption — a court must first make a finding of abuse, often through a restraining order proceeding or the divorce court's own fact-finding. A criminal arrest, like the July 4 domestic battery charge reported in this case, is not itself a family-court finding. California family judges conduct their own independent analysis under a civil preponderance-of-the-evidence standard, meaning the outcome of a separate criminal case does not control the custody determination. This separation between criminal and family proceedings is a core feature of how no-fault divorce states handle safety concerns.
How California law handles this
California dissolves marriages on a no-fault basis, but domestic violence remains highly relevant to custody, support, and protective orders. To file in California, at least one spouse must satisfy the residency rule under Cal. Fam. Code § 2320: six months in the state and three months in the filing county. You can review these thresholds on our residency requirements page.
When child custody is contested, California courts apply the best-interest standard in Cal. Fam. Code § 3011, which expressly directs judges to consider any history of abuse by one parent against the other parent or the children. Layered on top of § 3011 is the § 3044 presumption described above. A parent seeking to rebut the presumption must show, among seven statutory factors, that they completed a batterer's intervention program and complied with any protective order.
Protective orders themselves flow from the Domestic Violence Prevention Act, codified at Cal. Fam. Code § 6300. A California court may issue a restraining order — including stay-away distance provisions — upon reasonable proof of a past act of abuse. Abuse under the Act is defined broadly and includes not only physical harm but also threats, harassment, and coercive control, which was added by statute in 2020.
Domestic violence also affects money. Under Cal. Fam. Code § 4325, there is a rebuttable presumption against awarding spousal support to a spouse who has been criminally convicted of domestic violence against the other spouse within the prior five years. Conversely, documented abuse is a factor a court weighs when awarding support to a survivor under Cal. Fam. Code § 4320. Because these cases can be financially complex, our divorce cost estimator can help California residents plan for contested litigation, which frequently costs $15,000 or more per spouse.
Practical takeaways
If you are a California resident navigating divorce alongside safety concerns, consider these steps:
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Prioritize immediate safety. If you are in danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233 (SAFE) and provides confidential support and safety planning.
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Seek a protective order first. A restraining order under Cal. Fam. Code § 6300 can be requested on an emergency basis, often the same day, and can include custody and stay-away provisions before the divorce itself resolves.
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Document everything. Preserve dated records — photos, medical reports, texts, and police report numbers. Because family court applies a preponderance standard, contemporaneous documentation carries significant weight in triggering the § 3044 presumption.
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Understand the two-track system. A criminal arrest and a family-court custody finding are separate. Do not assume one automatically resolves the other; you may need to litigate the abuse finding in family court independently.
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Map your next steps. Build a personalized divorce roadmap to understand sequencing, and if abuse or complex custody is involved, find a divorce attorney experienced in domestic-violence matters. You can also review the general divorce process to know what to expect.
High-profile filings like this one draw attention to issues that thousands of California families face privately every year. The legal framework — presumptions, protective orders, and best-interest analysis — applies the same way whether or not cameras are involved. If your situation includes safety concerns, connecting with a qualified family law attorney and a domestic-violence advocate early can make a meaningful difference in both protection and outcome.
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.