Lester Keith Hamaker v. Donna Hamaker
CourtCourt of Appeals of Arkansas
Date FiledNovember 4, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. App. 533
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-25-474
LESTER KEITH HAMAKER Opinion Delivered November 4, 2026
APPELLANT
APPEAL FROM THE GARLAND
COUNTY CIRCUIT COURT
V. [NO. 26DR-22-90]
DONNA HAMAKER HONORABLE JOE GRAHAM, JUDGE
APPELLEE
AFFIRMED
ROBERT J. GLADWIN, Judge
Appellant Lester Hamaker appeals from the Garland County Circuit Court’s order
extending an order of protection, finding him in contempt, and awarding the appellee
Donna Hamaker attorney’s fees. On appeal, Lester argues that (1) the circuit court erred in
extending the order of protection because there was no evidence of abuse under the
Domestic Abuse Act (the “Act”), (2) the circuit court erred by finding him in contempt
because the provisions of the protective order were unclear, and (3) the attorney’s-fees award
should be reversed because fees are not allowed under the Act. We affirm.
I. Background Facts
Lester and Donna were married, and they separated in February 2022. Thereafter,
they divorced. Donna filed a petition for an order of protection against Lester on February
17, 2022. In her affidavit, Donna described several instances of violence involving Lester,
including, but not limited to, spanking Donna with a belt; slapping her face; hitting her face
with a phone; hiding her car keys; forcing her down on the floor and causing bruising on
her upper arm; and verbal abuse. The circuit court entered an ex parte order of protection.
On April 12, 2022, the circuit court held a hearing with both parties in attendance and
represented by counsel. Lester’s attorney announced to the court that the parties had come
to an agreement and read the agreement into the record. The parties agreed that the order
of protection would be in place for three years, and it specifically excluded Lester from several
locations. Lester acknowledged before the circuit court that he agreed he was prohibited
from being at those locations and understood the consequences of violating the protective
order. Accordingly, the court entered an final order of protection on April 26, 2022.
Thereafter, Lester objected to the final order and argued that it included terms that
were not within his understanding of the agreement. Lester moved to reopen the case and
requested a criminal referral or, alternatively, a health referral and evaluation for Donna. In
his motion, Lester alleged that Donna was untruthful in her affidavit; that there was no
“meeting of the minds” regarding all the addresses included in the order; and that the
agreement was made under duress.
The circuit court denied Lester’s motions by written order on February 14, 2023. The
court held that valid negotiations took place between the parties before entry of the final
order of protection, and furthermore, Lester failed to show any fraud on Donna’s part.
Lester appealed the circuit court’s denial of his motions, and this court affirmed. See
Hamaker v. Hamaker, 2025 Ark. App. 156, 708 S.W.3d 839. This court held, in part, that
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Lester consented to the terms of the final order of protection; thus, the time to adjudicate
the merits of Donna’s petition had passed. Id.
On February 14, 2025, Donna moved to extend the order of protection. She alleged
that Lester had repeatedly violated the protection order, that she feared for her safety, and
that her safety would be in jeopardy if the final order of protection was not extended.
Furthermore, Donna requested that the circuit court find Lester in contempt, sanction him
accordingly, and award her attorney’s fees.
The circuit court held a hearing on the motion on April 9, 2025. After the hearing,
the circuit court announced that Lester was in willful contempt for violating the order of
protection and extended the order for seven years. The circuit court entered its written order
reflecting these findings on April 23 and awarded Donna attorney’s fees in the amount of
$3,602.50. A sentencing hearing for Lester’s contempt was held on May 14. The circuit
court acknowledged that Lester spent nine days in jail for violating the order of protection
in another county; therefore, the court imposed a nine-day jail sentence for contempt and
gave him credit for time served.
Lester filed a timely notice of appeal; this appeal followed.
II. Standard of Review
Our standard of review in domestic-relations cases is well settled. This court reviews
domestic-relations cases de novo but will not reverse the circuit court’s findings unless they
are clearly erroneous Doss v. Doss, 2018 Ark. App. 487, 561 S.W.3d 348. A finding is clearly
erroneous when, although there is evidence to support it, the reviewing court on the entire
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evidence is left with a definite and firm conviction that a mistake has been committed. Id.
Due deference is given to the circuit court’s superior position to determine the credibility of
witnesses and the weight to be given their testimony. Id.
III. Points on Appeal
Lester argues on appeal that (1) the initial order of protection lacked proof of
domestic abuse; therefore, the court erred by extending the order because there was an
absence of proof under the language of the Act; (2) the circuit court erred by excluding a
portion of Donna’s deposition wherein he alleges she admitted to no physical abuse; (3) the
circuit court erred by holding him in contempt because the provisions of the order were not
sufficiently clear to put him on notice that his actions were contemptuous; and (4) the circuit
court erred by awarding attorney’s fees because fees are not allowed under the Act.
IV. Discussion
A. Extension of Order of Protection
First, Lester maintains that the order extending the protective order should be
reversed because there was no proof of domestic abuse or that a threat of domestic abuse still
exists. His argument is twofold. First, he maintains that the initial order of protection did
not involve an adjudication; thus, the proceedings were insufficient as a matter of law to
show that domestic abuse occurred in the original proceeding. Second, Lester maintains
that there was no proof presented at the hearing on the order to extend that would satisfy
the requirements of abuse under the Act.
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Regarding Lester’s arguments pertaining to the order of protection that was entered
on April 26, 2022—the agreed order of protection—we decline to further address those
arguments because they were already addressed in his first appeal to this court. As stated in
the prior appeal, Lester consented to the terms of the final order of protection; thus, the
time to adjudicate the merits of Donna’s petition has passed. See Hamaker, 2025 Ark. App.
156, at 6–7, 708 S.W.3d at 843.
Next, Lester maintains that the circuit court committed error by extending the order
of protection because Donna’s allegations that Lester tried to communicate with her by mail,
leaving voicemails on her phone, and sending a gift to her mother do not satisfy actions
under the Act that meet the statutory definition of abuse. Accordingly, Lester argues that the
court extended the order without sufficient proof. We disagree.
Arkansas Code Annotated section 9-15-205 (Repl. 2020) provides that an order of
protection can be renewed, at the discretion of the court, upon proof and a finding by the
court that the threat of domestic abuse still exists. We first note that Lester’s characterization
of his alleged violations of the order in his brief are significantly minimized from what the
record demonstrates. At the hearing, Donna testified to numerous incidents in which Lester
violated the protective order since its entry in 2022. She has filed several police reports, and
Lester has been charged and imprisoned for violations. Donna also testified that she feared
for her safety when the order expired because she believed that Lester was “pretty mad at
[her].” The only requirement for a court to extend an order of protection is that the original
threat “still exists.” Hocut v. Hocut, 2022 Ark. App. 452, at 7–8, 655 S.W.3d 527, 532.
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Furthermore, as this court held in Hocut, the relevant statutes do not state that new evidence
bars the inclusion of previous acts of violence, particularly where the perpetrator is estopped
by prior findings from denying those encounters. 2022 Ark. App. 452, at 8–9, 655 S.W.3d
at 533.
Donna’s original 2022 petition for the protective order was replete with allegations
of domestic abuse. Specifically, Donna alleged that Lester spanked her with a belt; slapped
her face; threw a phone and hit her face; hid her car keys; forced her down to the floor and
caused bruising on her upper arm; and engaged in instances of verbal abuse. The issuance
of the 2022 final protective order by the circuit court became factual evidence that domestic
abuse existed, and Lester agreed to the terms of the order.
The protective order directed Lester not to be around Donna and prohibited him
from initiating “any contact with [Donna], including, but not limited to, physical presence,
telephonic, electronic, oral, written, visual, or video.” However, despite issuance of the
order, Lester initiated contact with Donna numerous times throughout the three-year period
the original order was in place. At the hearing, the circuit court explained that Lester seemed
intent on violating the protective order “no matter what the court said.”
Donna testified that on one occasion, Lester traveled approximately 170 miles to her
residence and parked down the street and watched as an individual—to whom Lester paid
twenty dollars—delivered a package to Donna. Donna immediately called the police. On
another occasion, Donna testified that Lester showed up at the marital home—after being
notified that Donna would be at the residence to clean and start preparations to sell it—and
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walked around the home yelling Donna’s name while carrying what appeared to be two large
containers of Freon. Donna testified that she hid underneath the stairs and called 911. She
remained hidden until the police arrived, and Lester was charged with violating the
protective order. The next time Donna was scheduled to be at the marital home, Lester
admitted that he “observed the home from a distance.” Donna testified that she never
returned to the marital home after Lester violated the protective order in June 2024 because
she was afraid to do so.
In its April 23, 2025 written order, the circuit court extended the order of protection
for seven years “for [Donna’s] protection and safety.” The court found that Lester
consistently violated the agreed protective order and has continued to harass and contact
Donna despite the court’s directives and reminders not to do so. Given the record before us,
we cannot agree that there was insufficient proof that a threat still existed. We simply are
not left with a definite and firm conviction that the circuit court made a mistake by extending
the protective order for Donna’s safety and protection. To the extent that Lester is asking
this court to reweigh the evidence in his favor, this court does not act as a super fact-finder
or second-guess the circuit court’s credibility finding. Jolliff v. Wilson, 2021 Ark. App. 430,
636 S.W.3d 390. Accordingly, we do not find that the circuit court abused its discretion in
extending the order of protection for seven years, which is allowed by statute.
B. Deposition Testimony
Lester sought to introduce one page of Donna’s deposition—taken before the divorce
decree and final order of protection were entered—wherein he alleges that Donna confirmed
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she did not suffer physical abuse during the marriage. The circuit court held that the excerpt
from the deposition was not admissible because it was irrelevant to the current issue of
whether the order of protection should be extended. On appeal, Lester contends the ruling
of the court was an abuse of discretion. We disagree.
Appellate courts review the admission of evidence by the circuit court using an abuse-
of-discretion standard. Ventry v. State, 2021 Ark. 96, 622 S.W.3d 630. The decision to admit
or exclude evidence is within the sound discretion of the circuit court, and this court will
not reverse a court’s decision regarding the admission of evidence absent a manifest abuse
of discretion. Id. Abuse of discretion is a high threshold that does not simply require error
in the circuit court’s decision but also requires that the circuit court act improvidently,
thoughtlessly, or without due consideration. Id.
On appeal, Lester contends that the circuit court abused its discretion by excluding
the deposition testimony because it evidenced an admission by Donna that was critical in
determining whether there was domestic abuse under the Act and whether the earlier agreed
order should be extended. As stated above, the issue of whether there was any abuse on
which to base the final order of protection has already been addressed on appeal.
Accordingly, we find no abuse of discretion in the circuit court’s finding that evidence
regarding whether the final order of protection was warranted is irrelevant to whether the
order should be extended.
Furthermore, Lester argues that the introduction of the deposition testimony was
relevant to the issue of whether there was abuse demonstrated to extend the order and,
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therefore, was admissible to impeach Donna’s testimony. However, Donna admitted there
had been no physical altercations since entry of the protective order; thus, the circuit court
correctly held there was no testimony on the record for Lester to impeach with the deposition
testimony. Accordingly, the circuit court did not abuse its discretion in excluding the
testimony.
C. Contempt
Next, Lester argues that the circuit court abused its discretion by holding him in
contempt because the order of protection was not clear regarding what actions were
prohibited. Alternatively, Lester contends that even if his actions constituted contempt, his
violations were de minimis, and his sentence was excessive.
To establish civil contempt, there must be willful disobedience of a valid court order.
The order must be definite in its terms and clear about what duties it imposes. Riddick v.
Harris, 2016 Ark. App. 426, 501 S.W.3d 859. We will not reverse a finding of civil contempt
unless it is clearly against the preponderance of the evidence. Id. A finding of contempt is
clearly against the preponderance of the evidence if, although there is evidence to support
it, the reviewing court on the entire evidence is left with a definite and firm conviction that
a mistake has been made. Id. Issues of credibility in a contempt proceeding are for the fact-
finder. Id.
At the April 12, 2022 hearing, after the circuit court read the parties’ agreement into
the record, Lester was asked by the court if he agreed to all the excluded locations, and his
counsel answered affirmatively. The court then explained to Lester the consequences if he
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violated the order by contacting Donna or being at any of the four excluded locations, and
Lester verbally acknowledged that he understood the terms. Furthermore, the provisions of
the final order of protection were quite clear:
5. That pursuant to the Final Order of Protection, Defendant is prohibited
from initiating any contact with Plaintiff, including, but not limited to, physical
presence, telephonic, electronic, oral, written, visual, or video. Defendant is also
prohibited from using a third party to contact Plaintiff, except by legal counsel or as
authorized by law or court order.
6. That Defendant is restrained from committing any criminal act against
Plaintiff, including, but not limited to acts of violence or domestic abuse, harassment,
harassing communications, stalking or terroristic threatening, in violation of Ark.
Code Ann. §§ 9-15-103, 5-71-208, 5-71-209, 5-71-229, and 5-13-301.
The order specifically provided the address of each of the four locations from which
Lester was excluded.
As detailed above, Donna’s testimony was replete with Lester’s attempt to
communicate with her via telephone, email, and in person after entry of the protective order.
She testified that she filed approximately eight police reports due to Lester’s violations of the
court’s order. Donna also testified that she had received numerous pieces of mail from
Lester—all sent to one of the addresses identified in the protective order.
At the conclusion of the hearing, the circuit court stated that Lester had shown
“nothing but contempt” for the court’s orders. The court characterized Lester as someone
who has continued to harass and contact Donna no matter what the court orders. We find
no abuse of discretion in the court’s finding of contempt. The record demonstrates several
incidents of Lester’s violating the clear provisions of the protective order. We also find that
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his argument regarding an excessive sentence lacks merit. The circuit court sentenced him
to time served for the nine days he spent in jail for violating the protective order in a different
county. Given Lester’s repeated violations, his time-served sentence is not excessive.
Accordingly, we affirm the circuit court’s finding of contempt and subsequent sentence.
D. Attorney’s Fees
Finally, Lester contends that the circuit court’s award of attorney’s fees was erroneous
and should be reversed. Specifically, Lester maintains that attorney’s fees are not allowed
under the Act, and because Donna failed to differentiate in her fee petition which fees were
under the Act and which were contempt fees, the fee award must be reversed. We disagree.
As a general rule, attorney’s fees are not allowed in the absence of a statute permitting
their allowance. Artman v. Hoy, 370 Ark. 131, 257 S.W.3d 864 (2007). However, our
appellate courts have recognized that it is within the inherent power of a circuit court to
allow attorney’s fees in certain matters not specifically covered by statute, including contempt
proceedings. Gavin v. Gavin, 319 Ark. 270, 890 S.W.2d 592 (1995), overruled on other grounds
by Hartford Fire Ins. Co. v. Sauer, 358 Ark. 89, 186 S.W.3d 229 (2004); Feazell v. Feazell, 225
Ark. 611, 284 S.W.2d 117 (1955). The decision to award fees and the amount thereof are
matters within the discretion of the circuit court. Baber v. Baber, 2011 Ark. 40, 378 S.W.3d
699.
Contrary to Lester’s argument on appeal, section 9-15-205(a)(5) of the Act specifically
provides for an award of attorney’s fees to the prevailing party as an available form of relief.
Thus, because the protective order was extended, and we do not find that the circuit court
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abused its discretion in doing so, Donna was clearly the prevailing party, and the circuit court
had statutory authority to make an award of attorney’s fees. Moreover, as Lester
acknowledges, the circuit court also has the inherent power to award attorney’s fees in
contempt proceedings. Scudder v. Ramsey, 2013 Ark. 115, 426 S.W.3d 427. We, therefore,
affirm the circuit court’s award of attorney’s fees to Donna because the circuit court did not
abuse its discretion in awarding them.
V. Conclusion
For the reasons set forth above, we affirm the circuit court’s order extending the final
order of protection, finding Lester in contempt and issuing sanctions, and awarding
attorney’s fees to Donna.
Affirmed.
VIRDEN and TUCKER, JJ., agree.
Robert S. Tschiemer, for appellant.
Montgomery Wyatt Hardy, PLC, by: Betty J. Hardy, for appellee.
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