'Real Housewives of Beverly Hills' alum Annemarie Wiley filed for divorce from former NFL star Marcellus Wiley on July 6, 2026, seeking custody of their three children, spousal support, and a restraining order requiring 100 yards of distance following his Florida domestic-violence arrest. For California residents, the filing shows how a DV arrest triggers a statutory presumption against custody under Cal. Fam. Code § 3044.
Key Facts
| Item | Detail |
|---|---|
| What happened | Annemarie Wiley filed for divorce, custody, spousal support, and a restraining order |
| When | Filed July 6, 2026; marriage date listed as February 7, 2024 |
| Where | Los Angeles County, California (arrest occurred in Florida) |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their three minor children |
| Key statute/rule | Cal. Fam. Code § 3044 (DV custody presumption); § 6320 (protective orders) |
| Impact | A DV arrest can shift custody, home use, and support requests when filed together |
The divorce petition, first reported by TMZ on July 6, 2026, lists a separation date of "TBD" and requests exclusive use of the couple's Los Angeles home. Annemarie Wiley seeks a restraining order requiring Marcellus Wiley to stay 100 yards away, a request that runs on a separate but parallel track to the divorce itself.
Why This Matters Legally
A domestic-violence arrest fundamentally changes a California custody case by triggering a rebuttable statutory presumption that awarding custody to the accused parent harms the child. Under Cal. Fam. Code § 3044, when a court finds that a parent committed domestic violence against the other parent within the previous five years, there is a presumption that giving that parent sole or joint physical or legal custody is detrimental to the child's best interest.
An arrest is not the same as a court finding, and a criminal charge in Florida does not automatically produce a California family-court finding. But the § 3044 presumption is powerful: the accused parent must overcome it by a preponderance of the evidence, showing factors like completion of a batterer's intervention program and compliance with any protective orders. Filing custody, support, and a restraining-order request simultaneously — as this petition did — front-loads the DV issue so it shapes every temporary order the court issues.
How California Law Handles This
California law lets a spouse combine a divorce petition with an immediate request for a domestic-violence restraining order and temporary custody, and courts routinely rule on the protective order within days. A Domestic Violence Restraining Order (DVRO) under the Domestic Violence Prevention Act, Cal. Fam. Code § 6320, can bar contact, order a stay-away distance such as 100 yards, and grant temporary exclusive use of the family residence under Cal. Fam. Code § 6321. A judge can issue a Temporary Restraining Order the same day the request is filed, with a full hearing typically set within 21 days.
On custody, Cal. Fam. Code § 3011 directs courts to weigh any history of abuse when determining a child's best interest, and § 3044 converts a DV finding into the presumption described above. Spousal support in a short marriage — here roughly two years and five months from the February 7, 2024 date to the July 2026 filing — is generally shorter in duration; California courts often use half the length of a marriage under 10 years as a rough guidepost under Cal. Fam. Code § 4320, which lists the factors a judge must consider. Because the arrest happened in Florida while the marriage and home are in California, jurisdiction over custody follows the children's home state under the Uniform Child Custody Jurisdiction and Enforcement Act, which California codifies at Cal. Fam. Code § 3421.
The "TBD" separation date matters more than it appears. In California, the date of separation under Cal. Fam. Code § 70 fixes the cutoff for accumulating community property. Leaving it undetermined preserves the filing spouse's ability to litigate that date later, which can affect what earnings and assets count as divisible community property under Cal. Fam. Code § 760.
Practical Takeaways
-
Request the restraining order and temporary custody together. Filing a DVRO alongside the divorce petition lets a California court issue same-day protective orders and temporary custody rather than waiting months for the divorce to progress.
-
Understand the § 3044 presumption cuts both ways. A DV finding creates a presumption against the accused parent's custody, but it is rebuttable — the accused can present evidence of program completion and compliance to overcome it.
-
Document the separation date carefully. Because Cal. Fam. Code § 70 ties community-property accumulation to the separation date, list a defensible date or preserve the issue rather than guessing.
-
Know that an out-of-state arrest still counts. A Florida arrest can support a California DVRO and custody request, but the family court makes its own findings; the criminal case and family case proceed independently.
-
Request exclusive use of the home early. Under Cal. Fam. Code § 6321, a court can grant temporary exclusive use of the residence as part of a protective order, which is why this petition paired that request with the restraining order.
If you are navigating a divorce that involves safety concerns or a domestic-violence issue, connecting with a qualified California family law attorney early can help you understand which protective orders and temporary requests to file first. If you or someone you know is in immediate danger, call 911, and the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.
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.