Does domestic violence affect custody in California?

Yes. Under California Family Code § 3044, a domestic-violence finding within the past five years creates a rebuttable presumption against awarding custody to the abusive parent. That parent must rebut it with evidence, including completing a 52-week batterer intervention program.

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

Yes. A domestic-violence restraining order under California Family Code § 6320 is a separate proceeding that can be filed alongside a divorce. Emergency protective orders can be granted the same day, often before the divorce itself progresses to any hearing.

Does abuse change how property is divided in a California divorce?

No. Under California Family Code § 760, community property is divided equally (50/50) regardless of misconduct. However, documented abuse can reduce or bar spousal support under § 4320, and it heavily influences custody decisions under § 3044.

Which state has jurisdiction if the divorce and criminal case are in different states?

California applies the UCCJEA, which gives custody authority to the child's "home state" — where the children lived for the prior six months. A criminal arrest in another state does not automatically transfer the family-court case there.

How long does a California divorce take when domestic violence is involved?

California requires a mandatory six-month waiting period under Family Code § 2339, starting when the responding spouse is served. When restraining orders and contested custody are added, cases involving domestic violence commonly extend well beyond six months.

RHOBH Star's Divorce & DV Case: California Law Explained (2026)

Former Real Housewives of Beverly Hills star Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2026, after 12 years of marriage, citing a decade-long pattern of abuse and requesting a restraining order. Under California Family Code § 6320, domestic violence allegations can trigger immediate protective orders, and under § 3044, a DV finding creates a rebuttable presumption against awarding custody to the accused parent.

Key Facts

Detail	Information
What happened	Annemarie Wiley filed for divorce citing physical, sexual, and emotional abuse
When	Divorce filed July 6, 2026; DV arrest July 4, 2026; arraignment set August 4, 2026
Where	Divorce filing in California; DV battery arrest in Orlando, Florida
Who's affected	Annemarie Wiley, Marcellus Wiley, and their three children
Key statute	Cal. Fam. Code § 6320 (protective orders); § 3044 (custody presumption)
Impact	Pending divorce, restraining-order requests, and a criminal case spanning two states

The details reported by The Hollywood Reporter describe a case that intersects two areas of law many divorcing Californians face: a family-court divorce and a parallel criminal domestic-violence matter. Marcellus Wiley denies all allegations. Because this is an active case, this commentary addresses only the general California legal framework — not the specific strategy or truth of any party's claims.

Why this matters legally

A domestic-violence allegation reshapes a California divorce from the moment it is filed. California is a no-fault divorce state, so a spouse never has to prove wrongdoing to end a marriage — under Cal. Fam. Code § 2310, "irreconcilable differences" is the standard ground. But abuse allegations still carry enormous weight in the two areas that matter most to families: custody and support.

When a divorce petition includes a request for a domestic-violence restraining order (DVRO), the court can issue emergency protective relief the same day. This is separate from the divorce itself. A DVRO under Cal. Fam. Code § 6320 can bar contact, order the accused out of the home, and set temporary custody terms — all before any trial on the marriage. Understanding the difference between the divorce process and a protective-order proceeding is critical, because they move on separate tracks and separate timelines.

How California law handles this

California treats a proven domestic-violence finding as a near-decisive factor in custody. Under Cal. Fam. Code § 3044, if a court finds that a parent committed domestic violence against the other parent or the children within the previous five years, there is a rebuttable presumption that awarding sole or joint custody to that parent is detrimental to the child. The accused parent must overcome this presumption with specific evidence, including completion of a 52-week batterer intervention program.

On property, California is one of nine community-property states. Under Cal. Fam. Code § 760, assets and debts acquired during marriage are generally divided equally (50/50), regardless of who committed misconduct. Abuse does not, by itself, shift the property split — a point that surprises many people. However, Cal. Fam. Code § 4320 directs courts to consider documented domestic violence when setting spousal support, and it can reduce or bar support to an abusive supported spouse. If children are involved, support is calculated under a statutory formula; you can estimate the framework using our divorce cost estimator.

Because the criminal arrest occurred in Florida while the divorce was filed in California, jurisdiction becomes a live issue. California courts apply the Uniform Child Custody Jurisdiction and Enforcement Act, which generally gives custody authority to the child's "home state" — the state where the children have lived for the prior six months. A criminal case in one state does not automatically move the family case there. California's six-month residency requirement for divorce is a threshold most long-term residents easily meet.

California also imposes a mandatory six-month waiting period before any divorce becomes final under Cal. Fam. Code § 2339. That clock starts when the responding spouse is served, meaning even an uncontested case cannot finalize sooner. When abuse allegations and a restraining order are added, the practical timeline often stretches well beyond six months. Our California divorce timeline tool walks through the typical stages.

Practical takeaways

If you are navigating a divorce that involves domestic violence, California law gives you specific, time-sensitive tools. Here is what matters most:

Request protection first, separately from the divorce. A DVRO under Cal. Fam. Code § 6320 can be granted on an emergency basis, sometimes within hours. Do not wait for the divorce to progress.
Document everything. Photographs, medical records, texts, and police reports (including any out-of-state arrest reports) become evidence for the § 3044 custody presumption. Dates and specifics matter far more than general statements.
Understand that no-fault does not mean consequence-free. While abuse will not change the 50/50 community-property split under Cal. Fam. Code § 760, it directly affects custody and can reduce spousal support under Cal. Fam. Code § 4320.
Address jurisdiction early. If events span two states, confirm which state is your children's "home state" under the UCCJEA before filing custody motions. Filing in the wrong state can cost months.
Know your safety resources. If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) is available 24/7 and can connect you with local advocates and shelter.

If you are considering next steps, a personalized divorce roadmap can help you understand the sequence of protective orders, custody motions, and financial disclosures specific to your situation. When abuse is involved, working with an experienced family-law attorney is not optional — the stakes for custody and safety are simply too high. You can find a California divorce attorney to discuss your options confidentially.

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.