705 W. Emmett Street,
With locations throughout the Central Florida area, the Draper Law firm is ready to help you with almost any case you may have. We deal with both family and criminal law cases, as well as personal injury cases. Our family law practice deals with both domestic and family law issues, such as parental responsibility cases, visitation rights and child support, injunctions and domestic violence cases, alimony, and adoptions. Our criminal law cases range from misdemeanors to felony criminal cases, and we are willing to represent both adults and juvenile clients. We have experience in drug charges, sex crimes, DUI cases, burglary and trespass cases, and are familiar with the process for bond hearings and motion to suppress hearings, as well as trial versus plea proceedings. Finally, personal injury cases include everything from pedestrian accidents and animal attacks to insurance disputes and defective or faulty product cases.
Kissimmee Personal Injury
Like all states, there is a statute on Florida’s books that
limits the time you will have in order to file a lawsuit against a business or
person in civil court that may be at fault for an injury you have sustained.
The term for this is a “statute of limitations”.
For Florida personal injury cases, this statute of
limitations is 4 years from the date the accident occurred, for you to file
suit in civil courts. If you fail to file your lawsuit within this time frame,
it’s likely the court will refuse to hear your case. In rare circumstances, you might not “discover”
or realize that you incurred harm from an incident for an extended time period
after its occurrence. In this case, the time for you to file a lawsuit may be
For injury lawsuits against a state, county, or city
government the statute of limitations is reduced to three years.
Comparative Negligence Law in Florida
In some cases, the entity you are attempting to hold liable
for injuries you have sustained may state that you are to blame (or partially
to blame) for the event that caused your injuries or for causing your injuries
to be worse. If you are deemed responsible for some portion of the fault, the
compensation you receive from at-fault businesses or people can be affected. In these cases, your compensation will be
reduced by an amount equal to the percentage you are at fault.
Kissimmee Divorce and
When you are getting a divorce in
Florida, there is some vital information you should be aware of. We have listed
some of the most important information each person who is divorcing in Florida
should be aware of. The information
listed here is only a subset of the complete Florida Divorce Law. You should
consult with one of our attorneys for more complete information.
- One of the spouses must reside in Florida for at least 6 months prior to
filing for divorce.
- Florida is a no-fault
state. Florida’s only requirement is that the marriage has irreconcilable
differences and that the residence requirement is satisfied. The divorce
documents need to be filed in the county of residence of the defendant or the
county that the spouses last resided in jointly before separating.
- A divorce that is
uncontested indicates that both marital parties agree on how marital property
will be divided and also agree on child custody, support, alimony and
visitation, if applicable. A Marital Settlement Agreement is signed and
presented to the court.A hearing will
occur quickly, and the divorce will be finalized.
- A Florida uncontested
divorce is not costly. It normally takes about 30 days subsequent to the
signing of the Marital Settlement Agreement for the uncontested divorce to be
- Florida law states that
marital property should be equitably distributed. Each of the marriage partners
keeps the debts and property that they owned prior to the marriage, since the
court does not consider this to be marital property. Each of them also retain
any property that was received as an inheritance or gift, or any property that
is divided in a joint agreement.
- If one of the spouses
requires financial assistance, they can request alimony. The spouse making the
request needs to prove that the spouse that is paying has the wherewithal to
- A Florida court can award
alimony temporarily until the divorce is finalized. At the last divorce
hearing, permanent alimony can be ordered if it is deemed necessary and it is
- Any spouse who doesn’t make
support payments in a timely manner can have their wages garnished. The court
may also issue an order that the spouse required to make the payments send
payment to the state Support Enforcement Dept., which will send the funds to
the spouse who is receiving payments.
- If the spouse required to
make payments does not make payments that are sufficient and timely, their
driver’s license can be suspended.
- All divorcing couples with
children have to take a class called “Parent Education & Family
Stabilization”. The class is supposed to help keep the emotional trauma of
children to a minimum. Both spouses must finish the course independently prior
to the divorce entering the court.
- The court is gender neutral
when deciding upon custody of children and visitation. The judge is supposed to
take into consideration the children’s best interests. The law in Florida has a
Shared Parenting Responsibility requirement. This law says that the parents
have an equal say in how the child is raised. Both parents need to be consulted
on issues pertaining to health, education, discipline, and religion. In cases
of disagreement, the judge decides.
Kissimmee Criminal Law
In addition to our work on cases pertaining to wrongful
death, personal injury, and divorce, we also handle cases of people who have
been accused of a criminal law violation. We deal with a wide variety of
criminal cases including felonies, misdemeanors, and various types of traffic
crimes. Crimes punishable by less than one year in prison are misdemeanors,
whereas felonies are punishable with greater than one year in prison.
Traffic crimes have great variance, and the sentence may
fall under either the felony or misdemeanor category, dependent upon the
Kissimmee DUI Law
You can be charged with driving under the influence (DUI) in
Florida if you physically control, or drive a motor vehicle while having a BAC
(blood alcohol concentration) of 0.08% or more. It doesn’t matter if your
ability to drive was really impaired or not. Nevertheless, it is also possible
to be charged with a DUI with a BAC less than 0.08%, if to some extent or degree, your ability has been impaired and if you have taken drugs,
alcohol, or a combination of the two.
In the majority of cases, a DUI is associated with driving a
motor vehicle.Nevertheless, in
Florida, you can be charged with a DUI even if your vehicle is stationery,
since it is illegal to operate or have control of a vehicle when you are
impaired. For example, an impaired person who police detect slumped over the
steering wheel while their keys to the vehicle are in hand, could be charged
with a DUI, even though the vehicle was stationery.
Florida, like all the
rest of the U.S. states has an implied consent law. This law requires all
persons who are arrested lawfully for a DUI to take a chemical test (urine,
blood, or breath) to determine their blood alcohol concentration.