JAMES A. ABRAVAYA, APPELLANT,
v.
YANIRA B. GONZALEZ, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
James Abravaya appeals a domestic violence injunction granted against him after he allegedly drove erratically on a highway, prevented his former girlfriend from exiting, and rear-ended her vehicle. The Third District Court of Appeal affirms the injunction, finding the victim's credible testimony sufficient to support the trial court's decision.
The trial court did not abuse its discretion. The victim's credible testimony alone was sufficient to support the issuance of the domestic violence injunction, and was further corroborated by independent bystander testimony.
[1] A domestic violence injunction may be granted based solely on the credible testimony of the petitioner.
[2] Erratic and threatening driving behavior, including intentionally preventing an exit and rear-ending a vehicle, can constitute grounds for a domestic violence injunction.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Ms. Gonzalez's testimony, alone, sufficed to support the issuance of the instant injunction.”
Establishes that credible testimony from the victim is sufficient to support a domestic violence injunction without corroborating evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYanira Gonzalez filed a domestic violence petition against her former boyfriend, James Abravaya, following a traffic incident on an expressway. Gonzal…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Domestic Violence Injunction cases and more on FLexlaw
GERSTEN, J.
James A. Abravaya appeals an order granting a domestic violence injunction in favor of his former girlfriend, Yanira E. Gonzalez. We affirm.
Ms. Gonzalez filed a domestic violence petition seeking an injunction against Mr. Abravaya after a traffic incident. At the domestic violence injunction hearing, Ms. Gonzalez testified that Mr. Abravaya threatened her well being by driving his truck on-an expressway in an erratic and threatening manner. According to Ms. Gonzalez, Mr. Abravaya intentionally prevented her from exiting the highway at her desired exit and rear-ended her vehicle a couple of times. The trial court found Ms. Gonzalez’s testimony to be credible and granted the domestic violence injunction.
On appeal, Mr. Abravaya argues that the trial court abused its discretion in granting the domestic violence injunction, claiming the evidence was insufficient to support it. We disagree.
Ms. Gonzalez’s testimony, alone, sufficed to support the issuance of the instant injunction. See e.g. Thomas v. State, 167 So. 2d 309 (Fla.1964); Moore v. State, 468 So. 2d 1081 (Fla. 3d DCA 1985); Polaco v. Smith, 376 So. 2d 409 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 640 (Fla.1980). Her testimony was internally consistent and was, furthermore, consistent with testimony provided by an independent bystander.1
The facts of this case sadly reflect a pattern of behavior commonly known as the “general cycle of domestic violence.”2 We commend the trial judge for his astute credibility determination in deciding to grant the domestic violence injunction. Hopefully, this early grant of injunctive relief will help prevent the cycle of domestic violence from escalating to the consequence that all domestic violence judges dread —• injury or death.
Affirmed.
. This byslander's testimony would also have sufficed, alone, to support the issuance of the instant injunction.
. The cycle of domestic violence is commonly believed to consist of three distinct phases: the tension-building phase, the aggressive acts or battery phase, and the loving and apologetic phase. See e.g. Laurie Salame, A National Swvey of Stalking Laws: A Legislative Trend Comes to the Aid of Domestic Violence Victims and Others, 27 Suffolk U.L.Rev. 67, 83 (1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jeffries v. Jeffries, 133 So. 3d 1243 (Fla. 1st DCA 2014)…sses.”). Appellee’s testimony describes an incident of domestic violence, as defined in section 741.28, Florida Statutes, and provides the requisite evidentiary support for the trial court’s decision to grant the petition. See Abravaya v. Gonzalez, 734 So. 2d 577 (Fla. 3d DCA 1999); § 741.30(6)(a), Fla. Stat. The fact there was conflicting testimony from Appellant that would have supported the denial of the petition is of no significance on appeal. See Disston, supra (stating that the appellate court “cannot…
-
Huch v. Marrs, 858 So. 2d 1202 (Fla. 3d DCA 2003)…EXUal Offenders, Batterers, and Child Abusers (Sage Publ’ns, 1995). Not only are injunctions designed to prevent more serious physical injuries from occurring, they also provide stalking victims relief from emotional distress. Abravaya v. Gonzalez, 734 So. 2d 577 (Fla. 3d DCA 1999); see Predick v. O’Connor, 260 Wis.2d 323, 660 N.W. 2d 1 (Ct.App.2003)(stalking victims often suffer long-term emotional injuries at the hands of their stalkers and many experience depression, anxiety, obsessive-compulsive behavior…
-
Lesley Sease v. Scarpa, 939 So. 2d 1129 (Fla. 3d DCA 2006)…PER CURIAM. Lesley Sease appeals a Final Judgment of Injunction for Protection Against Repeat Violence. We affirm finding that the court did not abuse its discretion in entering the injunction. See Abravaya v. Gonzalez, 734 So. 2d 577 (Fla. 3d DCA 1999); Lopez v. Lopez, 922 So. 2d 408 (Fla. 4th DCA 2006). The record supports the entry of the injunction in this case. § 784.048, Fla. Stat. (2006).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis Thomas, Jr. v. State, 167 So. 2d 309 (Fla. 1964)
- Elvin Lee Moore v. State, 468 So. 2d 1081 (Fla. 3d DCA 1985)
- Polaco v. Smith, 376 So. 2d 409 (Fla. 1st DCA 1979)