'Real Housewives of Beverly Hills' star Annemarie Wiley filed for divorce from former NFL player Marcellus Wiley on July 6, 2026, seeking sole legal and physical custody of their three children, a 100-yard stay-away order, and exclusive use of their Los Angeles home. Under California law, her domestic-violence allegations trigger a rebuttable presumption against awarding custody to the accused parent.
The filing, first reported by The Hollywood Reporter, came days after Marcellus Wiley's July 4, 2026 domestic-battery arrest in Orlando, Florida. In her declaration, Annemarie describes a 'continuing and escalating pattern of physical violence, sexual abuse, verbal and emotional abuse, financial control, and intimidation' spanning more than a decade. The allegations have not been proven in court, and Marcellus Wiley denies them. This commentary explains how a California court evaluates these requests — not the truth of the underlying claims.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce citing a decade-long pattern of alleged abuse |
| When | Divorce filed July 6, 2026; arrest in Orlando July 4, 2026 |
| Where | Divorce filed in California; battery arrest in Orlando, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their three minor children |
| Key statutes | Cal. Fam. Code § 3044 (custody presumption); DVPA §§ 6200–6389 (restraining orders) |
| Impact | Abuse allegations trigger a rebuttable presumption against custody for the accused parent |
Why this matters legally
In California, a documented finding of domestic violence flips the custody analysis against the abusive parent. Under Cal. Fam. Code § 3044, when a court finds that a parent has perpetrated domestic violence against the other parent or the children within the previous five years, a rebuttable presumption arises that awarding sole or joint physical or legal custody to that parent is detrimental to the child's best interest.
This is one of the most powerful tools in California family law. The presumption does not require a criminal conviction — a family-court finding by a preponderance of the evidence (more likely than not) is enough to trigger it. That is a lower bar than the criminal 'beyond a reasonable doubt' standard, which is why the Orlando battery arrest and the divorce custody fight are legally separate tracks that can move at different speeds and reach different outcomes.
To overcome the presumption, the accused parent must prove several factors weigh in their favor, including completing a batterer's intervention program, complying with any restraining order, and demonstrating that custody serves the child's best interest. Courts rarely find the presumption rebutted where credible, corroborated abuse evidence exists.
How California law handles this
California processes domestic-violence divorce requests through two overlapping frameworks: the Domestic Violence Prevention Act (DVPA) and the Family Code custody statutes. Annemarie Wiley's request for a 100-yard stay-away order is a Domestic Violence Restraining Order (DVRO) under Cal. Fam. Code § 6320, which lets a court enjoin contact, order a party to stay a specified distance away, and grant temporary exclusive use of the home.
When a DVRO is requested alongside a divorce, California courts frequently issue a Temporary Restraining Order (TRO) within days — often the same day for emergency requests — that stays in effect until a noticed hearing, typically set within 21 to 25 days under Cal. Fam. Code § 242. A DVRO issued after a full hearing can last up to five years and is renewable.
The request for sole legal and physical custody with no visitation is the most aggressive custody posture available. California generally favors frequent and continuing contact with both parents under Cal. Fam. Code § 3020, but that policy expressly yields when a child's health, safety, and welfare require protection. Where the § 3044 presumption applies and is not rebutted, courts can order supervised visitation or, in serious cases, no visitation at all. Readers navigating this can review how child custody is decided and, separately, how child support is calculated once a parenting arrangement is set.
The request for exclusive use of the Los Angeles home and spousal support runs on the community-property track. Under Cal. Fam. Code § 760, property acquired during marriage is presumptively community property divided equally. But a court can grant one spouse temporary exclusive use of the family residence during the case under the DVPA — a safety order, not a final property division. California is a no-fault divorce state, so the abuse allegations do not change the grounds for dissolution, but they heavily influence custody, restraining orders, and use of the home.
Practical takeaways
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Document everything. California courts weigh corroborating evidence — photos, texts, medical records, police reports, and witness statements — heavily in domestic-violence cases. Annemarie Wiley's declaration reportedly spans more than a decade; contemporaneous records make a declaration far more credible.
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Request a Temporary Restraining Order first if you fear for your safety. A California DVRO under Cal. Fam. Code § 6320 can be granted on an emergency basis within days and can include a stay-away distance, no-contact terms, and temporary exclusive use of the home.
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Understand the two-track timing. A criminal arrest (like the Orlando battery charge) and a family-court custody proceeding are separate. A family court can find domestic violence by a preponderance of the evidence and apply the § 3044 presumption even if criminal charges are pending, dismissed, or never filed. Our divorce timeline tool shows how these phases sequence.
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Know that fault does not control the divorce itself. California's no-fault framework means abuse allegations do not create 'grounds,' but they are central to custody, support, and safety orders. Map your next steps with a personalized divorce roadmap.
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Get counsel early in high-conflict cases. Domestic-violence custody litigation is procedurally demanding, with short hearing windows and strict evidence rules. If you are facing similar circumstances, consider consulting a California divorce attorney who handles DVRO and contested custody matters.
If you or someone you know is experiencing domestic violence, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. For readers navigating a high-conflict divorce, understanding your options early — restraining orders, custody standards, and support — puts you in a stronger position. A knowledgeable family law attorney can help you evaluate which protections apply to your situation.
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.