Actress, model, and TV personality Denise Richards is going through a high-profile divorce for the second time.
Richards was married to actor Charlie Sheen from 2002 to 2006, and shares two daughters with the actor (she welcomed a third child by adoption in 2011). In 2018, she married businessman Aaron Phypers after several years of dating.
Richards currently stars in her own Bravo reality program, Denise Richards and Her Wild Things, which centers on family life, and she’s recently returned to the Real Housewives of Beverly Hills.
On July 7th, after six years of marriage, Phypers filed for divorce from Richards, citing irreconcilable differences, and naming July 4th as their date of separation.
According to documents reviewed by the LA Times, in his filing, Phypers requested spousal support from Richards, declaring that he has no income of his own since closing his business in 2024, and that Richards makes upwards of $250,000 per month from her work on television, various brand deals, and content posted on her OnlyFans account.
Then, on July 17th, Richards was granted a Temporary Restraining Order (TRO) after alleging to the court that she had suffered ongoing physical and verbal abuse from Phypers, including as recently as July 4th through 14th.
In court documents, Richards claims “Throughout our relationship, Aaron would frequently violently choke me, violently squeeze my head with both hands, tightly squeeze my arms, violently slap me in my face and head, aggressively slam my head into the bathroom towel rack, threaten to kill me, hold me down with his knee on my back to the point where I would have to plead with him to get off me so that he would not kill me and hack into my laptop and phone and download all of my text messages,” as well as that “Aaron regularly threatened to ‘break my jaw’ and would cry, beg me to stay, and promise to get help — none of which ever happened.”
Richards further alleged that on July 4th this year, Phypers “got within two inches of my face” and “screamed degrading profanities,” then repeated similar language with his father present.
According to People, Richards also told the court she had feared reporting the alleged abuse to police because Phypers had threatened to harm or kill himself and her if she told anyone. In court documents, Richards shared images of herself with a black eye. And in a statement to The Hollywood Reporter, Richards’ divorce attorney, Brett Berman, accused Phypers of ongoing harassment even after the TRO was issued, including “disseminating private information from Ms. Richards’ cell phone and laptop, which he stole.”
Phypers denies the allegations. The case is still unfolding.
Divorcing an abusive spouse
Data from the Centers for Disease Control’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS) demonstrates that Intimate Partner Violence (IPV) is a disturbingly prevalent problem:
- Over 40% of women and more than 25% of men experience physical or sexual violence or stalking by an intimate partner during their lifetime.
- “Over 61 million women and 53 million men have experienced psychological aggression by an intimate partner in their lifetime.”
There are many types of abuse—it does not always look like the stereotypical battered spouse. Since 2021, California law has expanded the definition of abuse to include coercive control — patterns of behavior that show power over another person, such as threats, intimidation, humiliation, isolation from friends and family, digital monitoring, financial control, degrading speech, and creating fear of telling anyone or seeking support.
Ending a marriage is difficult, painful, and complicated even in the most straightforward and amicable circumstances. Abuse or domestic violence can increase the complexity of divorce substantially. And unfortunately, as the abuser senses themself losing control over their victim, abuse may escalate, making the leaving and divorce process a particularly dangerous time.
Your safety and well-being are the top priority. If you are a victim of intimate partner violence or are in the process of divorcing an abusive spouse, prioritize your safety as you plan and prepare to leave. Many resources are available.
When there is a threat or fear of immediate harm, victims can seek a temporary restraining order, lasting up to 25 days; a TRO provides legal protection until a hearing can be held for a permanent restraining order, which can be enforced for up to five years. A law enforcement officer can also issue an Emergency Protection Order (EPO) that lasts a few days, which gives you the time to go to Family Court and file for a more permanent order.
How does domestic abuse impact spousal support in California?
California is a no-fault divorce state. You don’t need “grounds” for divorce, and judges cannot consider wrongdoing—if one or both spouses wish to end the marriage, they can simply file on the basis of irreconcilable differences. This means that abuse does not impact your ability to get divorced; however, it can affect the main issues and decisions surrounding your divorce.
In major divorce matters—including spousal support—California law provides protection for victims of domestic violence. Every case is unique, but depending on the circumstances, an abusive spouse may be prohibited from receiving spousal support.
Under California Family Code § 4325, there is a “rebuttable presumption” against awarding support to a spouse who has been convicted, within the previous five years, of committing domestic violence against their spouse. In other words, the default position of the court is that a victim of abuse should not have to pay financial support to their abuser; the law assumes a convicted abuser should not receive support from their abused spouse. However, the abusive spouse can attempt to challenge (rebut) that assumption with compelling evidence that it would be unjust to deny support. In such cases, the judge will weigh the seriousness of the crime, when it happened, and other factors—but overturning the presumption is typically very difficult.
In cases where there is no conviction but credible evidence exists that abuse occurred, the court can consider those allegations when making spousal support decisions. Under California Family Code § 4320, judges have discretion to consider many factors in awarding support, including not only the needs, financial circumstances, and earning capacity of each party, but also “documented evidence of any history of domestic violence between the parties.” Therefore, it is crucial for domestic abuse victims to document their abuse, gather evidence, and seek qualified legal support.
The experienced family law attorneys at SFLG are skilled in handling complex divorce and domestic abuse cases. We build client relationships based on trust, integrity, compassion, and open communication.
By Debra Schoenberg
