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Draper Law has locations all around Orlando, including St. Cloud, Kissimmee, and Orlando. We concentrate our law practice in the area of personal injury and wrongful death, family law, and criminal defense. We have practice in many different niches of these practice areas. With personal injury and wrongful death cases, we look at motor vehicle accidents, including motorcycle or bicycle accidents and pedestrian accidents, as well as pool and drowning, slip and fall, theme park, hotel and restaurant accidents. Our domestic and family law practice runs the spectrum as well, looking at marriage and child issues such as paternity cases, visitation rights, dissolution of marriages, domestic violence cases, and equitable distribution. Finally, we deal with both adult and juvenile clients in our criminal law practice. We can help with drug charges or DUI charges, theft, burglary and trespass cases, and other felonies and misdemeanors.
St. Cloud Personal Injury
Like every other U.S. state, Florida has a statute that
limits the time a person will have to file a suit in civil court against any
entity that might be at fault for any injury that has been sustained. They call
this a “Statute of Limitations”.
In cases of personal injury that occur in Florida, you are
limited to 4 years from the time an accident occurred to file a civil suit. If
you do not file with this period of time, the court will not hear your case, in
all likelihood. In some unusual instance, you may not “discover” or know that
you were actually harmed from an event for an extended time frame subsequent to
its occurrence. In this instance, the time you have to file your lawsuit may
receive an extension.
For injury suits filed against a government entity, the
statute of limitations is only three years.
Florida’s Comparative Negligence Law
Under some circumstances, business or person that you are
trying to make liable for injuries may make a claim that you are the one who is
to blame, or at least partially to blame, for the incident that caused your
injuries. They may also claim that you caused your injuries to be worse than
they otherwise would have been. If it is determined that you are responsible
for a percentage of the fault, the compensation that you are awarded may be
reduced by the percentage of your fault, as determined by the court.
St. Cloud Divorce and
When you’re obtaining a divorce
within Florida, there is critical information you should be cognizant of. We
have highlighted some vital information everyone obtaining a divorce in Florida
should understand. The information presented herein is a fraction of the total
Florida Law pertaining to divorce. You should have a consultation with our
divorce lawyer for more comprehensive information.
- At least one of the
divorcing spouses must be a resident of Florida for a minimum of six months
prior to filing for a divorce.
- Florida has a no-fault
divorce law. The sole requirement Florida has for divorce is that there are
irreconcilable differences between marriage partners and that the six-month
requirement for residence is satisfied. The divorce must be filed within the
county where the defendant resides or the county that both parties last
cohabitated in prior to their separation.
- When a divorce is
uncontested both spouses are in agreement on the manner in which marital
property will be allocated and in agreement on support, alimony, child custody
and visitation.They both sign a Marital
Settlement Agreement and present it to the court. There will be a hearing
shortly thereafter, and the divorce will be final.
- An uncontested divorce in
Florida is relatively inexpensive. It customarily takes approximately thirty
days after the settlement agreement has been signed to finalize the divorce.
- Under Florida divorce law
marital property has to be distributed equitably. Each spouse retains the debt
and property that they had before they were married, since this property isn’t
considered marital property by the court. Each spouse will also retain any
property that they attained as the result of an inheritance or gift, or
property that they have divided within a joint agreement.
- If one of the individuals
that is getting divorced feels they need financial help, they can make an
alimony request. The person who makes the request has to show proof that the
paying spouse has the resources to pay alimony.
- Temporary alimony may be
awarded, if the judge thinks it is warranted, prior to the finalization of the
divorce. In the final divorce hearing, the court will award permanent alimony
if it has been requested and is deemed necessary.
- If a spouse who is ordered
to make support payments does not comply, their wages can be garnished. The
court can also order that the payments that are required be paid to the state
of Florida Support Enforcement Dept. The funds will then be forwarded to the
- If the person who is
required to submit support payments does not submit timely and adequate
payment, their motor vehicle license may be temporarily revoked.
- All couples who have children
are mandated to take a course that is intended to help minimize the amount of
emotional trauma that the children will sustain. The course must be completed
by both parents for their divorce to enter the court.
- The court does not favor
one gender over the other when deciding custody and visitation issues. The “best
interest” of the children is supposed to be considered by the judge prior to
making a determination. Under Florida law, there is a “Shared Parenting
Responsibility”. This law dictates that both spouses have equal input in
determining the manner in which the child is reared. Both of the parents must
be consulted on matters that relate to the education, health, religion and
discipline of children. When there is a disagreement, a judge will make the
St. Cloud DUI (Driving
Under The Influence) Law
A charge of DUI can be received by you in Florida if you
have physical control or are caught driving a vehicle when you have a blood
alcohol concentration of greater than or equal to 0.08%. It makes no difference
if your ability to drive was actually impaired or not. Moreover, it is possible
for you to get a DUI charge when your BAC is less than 0.08% if your ability to
drive is impaired to some degree, and if you’ve taken alcohol, drugs or a combination
Most times a DUI is connected with actually driving a
vehicle. However, you can receive a DUI charge even in cases where your vehicle
is not moving, because it is not legal to have control or operate a motor
vehicle when you have impairment. For instance, police may see a person who is
clearly impaired sitting asleep in their vehicle and resting on the steering
wheel while the keys to their vehicle are in hand. This person could receive a
DUI charge, even though their vehicle was not in motion.
Florida is similar to the rest of the states in that it has
an implied consent law, which has a requirement that everyone arrested under
the law for a DUI violation must submit to a test ( breath, blood, or urine) in
order to determine the concentration of alcohol in their
St. Cloud Criminal Law
We also have great expertise in assisting those who are
charged with violating a criminal law, in addition to our expertise in personal
injury, wrongful death, and family law. We handle a wide array of criminal cases
that include a variety of traffic crimes, misdemeanors, and felonies.
Misdemeanors are crimes that have a punishment of less than 1 year of incarceration.A felony is a crime that has a sentence in
excess of one year of incarceration.
There are a wide
variety of traffic crimes and sentences for these crimes may fall beneath
either a misdemeanor or the felony category, depending upon the particular
Our St. Cloud Law Office is located at:
Draper Law Office - St. Cloud
2727 13th Street, St. Cloud, FL 34769
From the North:
Take the Florida Turnpike south to Hwy 192. Exit (portions toll) and make left turn. Head east into St. Cloud. Hwy 192 becomes 13th St. Arrive at destination: 2727 13th St. Headed eastbound, we are on the south (right hand) side of the road.
From the South:
Take the Florida Turnpike north and exit at Hwy 192. Make a right turn and head east into St. Cloud. Hwy 192 becomes 13th St. Arrive at destination: 2727 13th St. Headed east, we are on the south (right hand) side of the road.