'Real Housewives of Beverly Hills' star Annemarie Wiley filed for divorce in Los Angeles on July 6, 2026, and a judge immediately granted her a temporary domestic violence restraining order plus temporary sole custody of the couple's three children — days after ex-NFL star Marcellus Wiley's July 4 arrest. For California residents, the case shows how a DV arrest can trigger emergency custody orders within days under Family Code § 6320.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce and obtained a temporary DV restraining order and temporary sole custody |
| When | Divorce filed July 6, 2026; arrest over July 4 weekend; hearing set for July 24, 2026 |
| Where | Los Angeles County Superior Court (California); arrest occurred in Orlando, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their three minor children |
| Key statute | Cal. Fam. Code § 6320 (DVRO); § 3044 (custody presumption) |
| Impact | Marcellus ordered 100 yards away, out of the Encino home, no visitation pending the July 24 hearing |
The reporting comes from The Hollywood Reporter, which detailed the filing and the emergency orders. Marcellus Wiley denies the allegations and has counter-alleged infidelity. Because the restraining-order hearing is still pending, nothing here is a finding of guilt — these are temporary emergency orders, not final rulings.
Why this matters legally
A domestic violence arrest can produce emergency custody orders in California within days, not months. When Annemarie Wiley requested a temporary restraining order, a judge could grant it the same day on an ex parte basis under Cal. Fam. Code § 6320, which authorizes courts to bar a party from contacting, harassing, or coming near the protected person and children. That is why Marcellus Wiley was ordered 100 yards away and out of the family's Encino home before any full hearing occurred.
The orders granting sole custody are equally consequential. California's Family Code § 3044 creates a rebuttable presumption that awarding custody to a parent who has committed domestic violence within the previous five years is detrimental to the child's best interest. Once a DV finding is made, that parent must overcome the presumption with evidence — a significant burden that reshapes the entire custody analysis. This is the mechanism that lets one parent hold temporary sole custody so quickly.
How California law handles this
California treats domestic violence allegations as a matter for immediate judicial intervention, then a two-stage hearing process. First comes the temporary restraining order (TRO), which a judge can issue ex parte — without the other party present — under Cal. Fam. Code § 6320. The TRO typically lasts 20 to 25 days until a noticed hearing, which is why the Wiley matter has a July 24, 2026 hearing date roughly three weeks after the filing.
At that hearing, the court decides whether to issue a longer restraining order lasting up to five years. California courts also routinely order custody mediation before ruling on parenting arrangements, consistent with Cal. Fam. Code § 3170, which requires mediation when custody or visitation is contested. The reported order sending the Wileys to custody mediation ahead of the hearing follows this standard track.
On the divorce itself, California is a pure no-fault divorce state under Cal. Fam. Code § 2310, meaning Annemarie Wiley did not need to prove wrongdoing to file — "irreconcilable differences" is sufficient. Marcellus Wiley's counter-allegation of infidelity has no direct bearing on whether the divorce is granted, because California does not recognize adultery as a ground or as a factor in dividing community property under Cal. Fam. Code § 2550, which mandates an equal (50/50) division of the community estate. To file in California, at least one spouse must have lived in the state for six months and in the county for three months under Cal. Fam. Code § 2320 — a residency requirement the Encino household plainly satisfies.
Domestic violence, however, can affect financial orders. Under Cal. Fam. Code § 4325, a documented history of domestic violence against a spouse creates a rebuttable presumption against awarding spousal support to the abusive party, and the court may consider a criminal conviction when setting support. This is one area where the outcome of the criminal and restraining-order proceedings could ripple into the divorce process and the couple's financial settlement.
Practical takeaways
-
Act immediately if you fear for your safety. In California, you can request an emergency protective order or a same-day temporary restraining order under Cal. Fam. Code § 6320 without the other spouse present. You do not need to wait to file for divorce first.
-
Document everything. Police reports, photographs, texts, and medical records become the evidence that supports both the restraining order and the Family Code § 3044 custody presumption. An arrest alone does not equal a finding — the paper trail matters at the noticed hearing.
-
Understand the timeline. A TRO generally lasts 20 to 25 days until a full hearing where a judge can extend protection up to five years. Prepare for that hearing as the decisive event, not the initial filing.
-
Expect mandatory mediation. California requires custody mediation under Cal. Fam. Code § 3170 before contested parenting orders. Approach it seriously; the outcome often shapes the temporary and final parenting arrangements.
-
Know that no-fault does not mean consequence-free. While infidelity will not change the divorce or property split, a domestic violence finding can affect spousal support and custody. If your situation is complex, build a personalized divorce roadmap or find a divorce attorney to protect your interests.
If you are navigating a divorce that involves safety concerns or contested custody, the stakes are too high to guess. A qualified California family law attorney can help you seek protective orders, present evidence at the restraining-order hearing, and structure custody and support requests around the specific facts of your case. If you are in immediate danger, call 911 or the National Domestic Violence Hotline 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.