Former Real Housewives of Beverly Hills cast member Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2025, after 12 years of marriage, according to The Hollywood Reporter. She alleges a decade-long pattern of physical, sexual, emotional, and financial abuse and is seeking a 100-yard stay-away order under California's Domestic Violence Prevention Act — a request that, if granted, reshapes custody, home access, and support.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce citing irreconcilable differences plus abuse allegations; requested a domestic violence restraining order |
| When | Divorce petition filed July 6, 2025; Marcellus arrested July 4, 2025; arraignment set August 4, 2025 |
| Where | Divorce filed in Los Angeles County, California; arrest occurred in Orlando, Florida |
| Who's affected | The couple and their three minor children |
| Key statute/rule | California Family Code § 6320 (DVPA) and § 3044 (custody presumption) |
| Impact | A granted restraining order triggers a rebuttable presumption against custody for the restrained parent and can award exclusive home use |
Marcellus Wiley denies all allegations. Because his arraignment on the Orlando domestic battery charge is still pending, nothing here comments on the strategy of either party — this is general commentary on how California law treats these situations.
Why this matters legally
A domestic violence restraining order does far more than keep two people apart — in California, it directly changes custody outcomes. When a court finds that a parent has perpetrated domestic violence within the previous five years, Cal. Fam. Code § 3044 creates a rebuttable presumption that awarding that parent sole or joint physical or legal custody is detrimental to the child's best interest. The restrained parent must then affirmatively rebut that presumption; the burden shifts to them.
This is one of the most consequential intersections in family law. A single restraining-order finding can convert a contested 50/50 custody fight into a scenario where one parent starts from a legal disadvantage. That is why a request for a 100-yard stay-away order, exclusive use of the marital home, and custody — the relief reported here — are legally interconnected rather than separate asks. Understanding the child custody framework is essential before any court hearing.
How California law handles this
California divorce runs on a no-fault system: Cal. Fam. Code § 2310 lists "irreconcilable differences" as a ground, meaning neither spouse must prove wrongdoing to end the marriage. Abuse allegations do not change the grounds for divorce, but they profoundly affect the collateral relief — restraining orders, custody, and support.
Under the Domestic Violence Prevention Act, Cal. Fam. Code § 6320 empowers a court to enjoin a party from contacting, attacking, threatening, stalking, or coming within a specified distance of the protected person. The stay-away distance is set by the court; a 100-yard request is common in high-conflict matters. A protected party can also obtain exclusive use of a shared residence under Cal. Fam. Code § 6321, even if both spouses are on the lease or title, when necessary to prevent further abuse.
California also treats emergency situations quickly. A judge can issue a temporary restraining order the same day on an ex parte basis, then set a full hearing — typically within 21 to 25 days — where both sides present evidence before a longer order (up to five years) is decided. California also recognizes that abuse can influence spousal support: Cal. Fam. Code § 4320 directs courts to consider documented domestic violence between the parties when setting support, and § 4325 creates a rebuttable presumption against awarding support to a spouse convicted of certain domestic-violence crimes.
One cross-border wrinkle: the arrest occurred in Florida while the divorce was filed in California. A criminal case in one state and a family case in another can proceed in parallel. California courts can consider conduct that happened elsewhere, and a Florida criminal protective order and a California civil restraining order are separate legal instruments with separate standards of proof — criminal cases require proof beyond a reasonable doubt, while a civil restraining order requires only a preponderance of the evidence.
Practical takeaways
If you are navigating a divorce that involves safety concerns, here is how California's framework translates into action:
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Prioritize safety first. If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) is available 24/7. Legal filings come second to physical safety.
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Understand that a restraining order and a divorce are separate filings. You can request a domestic violence restraining order the same day, often before or alongside your divorce petition, without waiting for the divorce to progress.
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Document everything. Courts weigh contemporaneous evidence — dated photos, texts, medical records, and police reports carry significant weight at the restraining-order hearing.
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Know the custody stakes. Because Cal. Fam. Code § 3044 shifts the custody presumption after a DV finding, the restraining-order hearing effectively becomes a custody hearing. Prepare accordingly and review the divorce process in advance.
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Map your finances early. Requests for exclusive home use and spousal support hinge on financial disclosures. Use our divorce cost estimator to plan, and build a personalized divorce roadmap to sequence your next steps.
California's no-fault divorce rules mean you do not need to prove abuse to get divorced — but abuse allegations, when substantiated, can decisively shape custody, home access, and support outcomes.
If you are facing a divorce involving safety concerns or contested custody, connecting with an experienced advocate can help you understand your options — you can find a divorce attorney in your county through our directory.
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.