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Not only do the Batei Din fraudulently use the Yesh Oimrim in the Rema against the Klolei Halacha, they violate the conditions set forth in the yesh oimrim itself:
The Rema in 154:3 talks about a man who regularly and repeatedly beats his wife, not an occasional situation. even then, Bais din must warn twice with kosher eidim, and if she’s the one inciting him then it’s no longer a Get situation.
The Rema himself writes in 154:21 that we always follow the stringent opinion when it comes to Eishes Ish because we’re worried about an invalid forced Get. In addition, the source of the Rema – the “Binyamin Zev”, Paskins clearly that we cant force. So its obvious that we cant follow the Yesh Oimrim in the Rema. In addition, the Rema quotes the Rashba which means the rema holds that hitting isnt enough, but we would need the woman to ask for support and Oinah and the husband refusing – in order to qualify for a get, even according to the Yesh Oimrim.
Final Halacha: We follow the first opionion in the rema that you cant force, see also tshuvas Hageonim haktzoros ch 135, tshuvas Hageonim shaarei tzedek (v4 shar 4:42), radvaz, (v4 1,228 in the name of the rashba and rosh), kneses hagdolah (ch 154 HGHB”Y 49) in the name of the mahar”a di boton ch 31, mishpat tzedek v1 ch 58, the maharam chagiz (ateres tzvi p18b and masaas moshe e”H ch17 all say you cant force a man that hits his wife.
Batei Din today force men to give Gittin based on a Yesh Oimrim in Rema in Even Haezer 154:3. The problem is that we dont follow the Yesh Oimrim. based on Klolei Halacha. Instead, we follow the first opinion in Rema – that doesnt allow for a forced Get.
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Rema:âĻâĻA man who hits his wife, has a transgression in his hand as much as striking his fellow. If he does this often, the court had the right to cause him pain and to excommunicate him, to whip him, to use all types of force, and to make him swear he will not do it again. And if he does not obey the court, Yesh Oimrim say we force him to divorce her, as long as he is warned once or twice, for it is not the way of Jews to hit their wives, that is the actions of the gentiles. This only applies when he is the one who initiates the hitting, but if she curses him for no reason, or mocks his father and mother, and she contradicts what he says and he has no authority over her, some say it is permitted to hit her. And some say that a bad wife is [also] prohibited to strike. The first opinion is the essential one. If it is not known who started it, the husband is not believed to say that she started it, for all women are assumed kosher, and they place others among them to see who is the bad one. And if she curses him for no reason, she is divorced without her ketubah. And it seems to me that this is only when this happens often, and after warning, âĻ..
See original source: https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.154.3?lang=bi&with=Commentary&lang2=en