Wornkey v. Deane, 2017 Ark. App. 176

Ashley Deane petitioned for an order of protection after an incident on Sept. 27, 2015, alleging Cameron Wornkey threatened to beat and kill her and her boyfriend, and had been physically violent toward her (pushing, shoving, throwing objects).
Deane and Wornkey have two children together, previously cohabited, and had a past dating relationship. Deane alleged earlier incidents of physical abuse (including a 2013 incident while pregnant and a June 2015 shove).
An ex parte order was entered Sept. 28, 2015, prohibiting Wornkey from contacting Deane and excluding him from her residence, workplace, and campus; a full hearing was set for Oct. 27, 2015.
At the full hearing, Deane testified to the threats, past physical acts, and that Wornkey violated the ex parte order by parking within 10–15 feet of her apartment; she said she did not feel safe. Wornkey denied making threats and disputed the abuse claims.
The circuit court credited Deane’s testimony, entered a final order of protection effective until Oct. 27, 2017 (including exclusions, no-contact, and temporary custody arrangements), and memorialized its oral findings. Wornkey appealed, challenging sufficiency of evidence and lack of specific findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to support final order of protection	Deane argued testimony of threats, prior physical incidents, texts, and a violation of the ex parte order showed domestic abuse and imminent danger	Wornkey argued Deane’s testimony showed only verbal threats, no completed acts, she left children with him after the incident, and the court made no specific findings of immediate danger	Court held Deane’s testimony was sufficient; factfinder credibility determinations supported the order and it was not clearly erroneous
Whether immediate/present danger or specific findings were required on the record	Deane relied on statutory definition of domestic abuse (including infliction of fear of imminent harm) and her testimony about feeling unsafe and threats	Wornkey contended the court failed to make specific findings and that the evidence did not show fear or imminent danger	Court affirmed that testimony of threats, past violence, and the order-violation supported finding of domestic abuse/fear; explicit additional findings were not required given the record

Bohannon v. Robinson, 447 S.W.3d 585 (Ark. 2014) (standard of review and clearly erroneous rule for bench trials)
Steele v. Lyon, 460 S.W.3d 827 (Ark. App. 2015) (deference to trial court credibility determinations)