Annemarie Wiley, a former cast member of 'Real Housewives of Beverly Hills,' filed for divorce and a domestic violence restraining order in California on July 6, 2026, two days after former NFL defensive end Marcellus Wiley was arrested July 4 in Orlando, Florida on a domestic battery charge, according to TMZ. A judge granted a no-contact order requiring him to stay 500 feet away. For California residents, this case shows how a criminal arrest can accelerate a civil restraining order and reshape custody.
| Key Fact | Detail |
|---|---|
| What happened | Annemarie Wiley filed for divorce plus a domestic violence restraining order (DVRO) |
| When | Filing on July 6, 2026; arrest on July 4, 2026 |
| Where | Divorce filed in California; arrest occurred in Orlando, Florida |
| Who's affected | The couple and their three shared children |
| Key statute/rule | California Family Code § 6320 (DVRO), § 3044 (custody presumption) |
| Impact | 500-foot no-contact order issued; custody, spousal support, and home use requested |
Annemarie Wiley is seeking sole custody of the couple's three children, spousal support, and exclusive use of their Los Angeles home, and she alleges a years-long pattern of physical, sexual, and financial abuse, per TMZ's July 6, 2026 report. These requests are standard components of a California DVRO filing when children and shared property are involved.
Why this matters legally
A domestic violence arrest in one state can trigger a civil restraining order and a custody shift in another. California courts do not need a criminal conviction to issue a domestic violence restraining order or to alter custody. Under Cal. Fam. Code § 6300, a judge may issue a DVRO based on a sworn declaration showing reasonable proof of past abuse, applying a preponderance-of-the-evidence standard rather than the criminal 'beyond a reasonable doubt' threshold.
This distinction matters because the July 4, 2026 Florida arrest is a separate criminal proceeding from the July 6, 2026 California divorce and DVRO. The civil restraining order can move forward on its own timeline. California's Domestic Violence Prevention Act, codified at Cal. Fam. Code § 6320, lets a court order the restrained party to stay away, move out of a shared residence, and cease contact, which explains the 500-foot no-contact order reported in this case.
How California law handles this
California law creates a rebuttable presumption against awarding custody to a parent found to have committed domestic violence. Under Cal. Fam. Code § 3044, if a court finds that a parent perpetrated domestic violence against the other parent or the children within the previous five years, there is a presumption that awarding that parent sole or joint custody is detrimental to the child's best interest. This presumption is one of the most consequential rules in California family law and directly connects the DVRO request to the custody request.
California is a community property state under Cal. Fam. Code § 760, meaning assets and debts acquired during the marriage are generally divided equally (50/50) at divorce. The request for exclusive use of the Los Angeles home is a temporary order, not a final property division; a judge can grant one spouse temporary possession of the family residence during proceedings under Cal. Fam. Code § 6321 as part of a DVRO.
On spousal support, California courts weigh the statutory factors in Cal. Fam. Code § 4320, which include the marriage's duration, each spouse's earning capacity, and any documented history of domestic violence. A court must consider abuse when setting support, so the allegations here are legally relevant to the financial requests, not just the custody and safety issues.
Because the arrest happened in Florida, jurisdiction over custody is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in California at Cal. Fam. Code § 3421. Under the UCCJEA, the children's 'home state' controls initial custody jurisdiction, which is generally the state where the children lived for the six months before filing.
Practical takeaways
If you are facing a domestic violence situation during a California divorce, these steps apply regardless of whether an arrest has occurred:
- Request a temporary DVRO immediately if you fear for your safety. A California judge can issue a temporary restraining order the same day you file under Cal. Fam. Code § 6320, effective until a full hearing (typically within 21 days).
- Document the abuse in a sworn declaration. California DVROs rely on written declarations describing specific incidents with dates. Photos, texts, medical records, and police reports strengthen the filing.
- Combine the DVRO with custody and support requests. Filing them together lets the court address safety, the § 3044 custody presumption, and temporary support in one proceeding.
- Confirm the correct home state for custody. Under the UCCJEA at Cal. Fam. Code § 3421, custody jurisdiction usually rests with the children's home state, so verify where the children have lived for the prior six months.
- Preserve financial records. Allegations of financial abuse require documentation. California requires full financial disclosure under Cal. Fam. Code § 2104, so gather account statements early.
If you are navigating a divorce involving domestic violence in California, connecting with an experienced local family law attorney can help you understand your options for protective orders, custody, and support. Divorce.law can help you find a divorce attorney in your California county.
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.