7375 E. Orchard Rd. #300 Greenwood Village, Colorado 80111

Free Consultations 303.694.4653

Colorado Domestic Violence Tort Bill Signed Into Law

Published: June 10, 2018 246 10:24 pm

Author:

Extends the Statute of Limitations for Domestic Violence Civil Torts in Colorado to 6 years

The signing of Domestic Violence Tort Bill 18-1398 in ColoradoDomestic violence tort bill 18-1398, was recently signed into law by Governor Hickenlooper. This bipartisan bill was sponsored by Democratic Representative Matt Gray and Republican Representative Cole Wist, and Senate sponsor Senator Bob Gardner. This law raises the statute of limitations for civil cases involving domestic violence to 6 years, and up to 20 years for victims suffering from traumatic brain injuries and disabilities.

Gold Law Firm attorney Pamela Maass brought forward the need for raising the statute of limitations to the Colorado Coalition against Domestic Violence, and together they brought the bill forward to the legislature.

Why Was a Domestic Violence Tort Bill Necessary?

Adult victims of domestic violence who wish to bring a civil lawsuit against their abusers are hindered by the current statute of limitations (SOL) which is currently only one year. Not every victim will choose to pursue a civil lawsuit; however, for those that do, a reasonable time frame for bringing a civil action provides victims a more realistic remedy to address the devastating financial consequences of domestic violence.

Raising the statute of limitations (SOL) for civil torts resulting from domestic violence will allow for the conclusion of criminal prosecutions and other civil cases such as divorce and allocation of parental responsibilities.

Criminal cases for felony level assaults common in domestic violence relationships may not be subject to a SOL, while the civil counterparts to felony assaults such as strangulation, or those assaults causing serious bodily injury, are currently limited to three years. Most civil filings involving domestic violence are filed as assault and battery with a 12-month statute of limitations. Most victims report being advised by attorneys to wait until the conclusion of other cases before considering a civil tort. Depending on the judicial district, a felony criminal case can last up to a year or longer; and domestic relations cases can run well over a year, creating a false choice for victims.

Extending the civil statute of limitations to a time frame longer than the criminal statute for most domestic violence crimes gives the victim time to collect medical bills, assess personal damages and decide if they want to move forward, and it recognizes the serious and complex nature of domestic violence. Research indicates that financial abuse occurs in 99% of domestic violence cases, leaving victims to face overwhelming odds in obtaining long-term security and safety. Victims of strangulation and serious bodily injury do not currently have time to medically recover or understand the economic impact of their injuries within 12 months after an act of domestic violence. Recovery from traumatic brain injuries and strokes resulting from repeated physical assaults is possible, but often takes time. Allowing time for a victim to access the full impact of the trauma and determine for themselves if they want to file a civil suit, as we currently do for victims of sexual assault, is good policy.

Additionally, civil lawsuits can be empowering for victims as they are in control of a civil lawsuit as the petitioning party (unlike criminal prosecutions where victims do not have legal standing and are not technically represented by the district attorney). Many victims have found what they self-identity as justice through the civil courts, allowing them to gain independence, safety, and long-term security

We at the Gold Law Firm are pleased that our state legislature and governor have spoken on this important issue, allowing time for victims to access the full impact of the trauma and determine if they want to file a civil law suit.

Contact the Gold Law Firm Today

The Gold Law Firm LogoIf you or someone you love is an adult survivor of domestic violence who is considering filing a civil lawsuit against an abuser in Colorado, contact the Gold Law Firm today for a free consultation at (303) 694-4653. We’ll answer your questions and help you to understand what your options are.

 

Related Reading: Colorado Civil Rape Shield Bill Signed into Law

Schedule A Free No Obligation

Consultation



Time is of the essence.
Don’t answer another question without your attorney. 24/7 Confidential
Contact Form

We will return your email within 24-hours

Name



Email



Phone



How did you find us?



Message



What our CLIENTS SAY

Don't take our word for it, read testimonials from people we've helped:

Past Client -

Personal Injury Client

Many thanks to The Gold Law Firm. They were so helpful to me. I had no idea how personal injury issues worked and they managed the whole process. They were patient, caring and productive and I am grateful to them.

Jerry Kennedy -

Personal Injury Client

My Lawyer Colleen Parsley of the Gold Law Firm was able to secure a great settlement for my personal injury case, very happy I went to them.

Sheila Smith -

Personal Injury Client

Gregory Gold won my case! Needless to say everyone treated me like Gold! I recommend this Law firm to anyone! Thank you for everything!

Samantha Brewer -

Personal Injury Client

They are a blessing, and colleen is a caring person, not just an attorney. They are doing a lot for my son.

T.L. -

Associate

I have worked with Greg Gold and his attorneys on a number of personal injury cases for our clients. His law firm is very creative and extremely talented. I would recommend him to anyone dealing with a car accident, insurance dispute, or catastrophic injury claim.

Jessica Yates -

Client

The Gold Law Firm and Greg took on my unique case when no one else would. They were amazing through the whole process. Making sure we clearly understood everything. Always taking extra time to answer all our questions. In the end we got justice! I just learned that now they have a special victims unit, and it warms my heart to know that someone is there for those unique victims.

Janet Christensen -

Client

This is a top-notch law firm who puts their client first. Colleen Parsley walked me through all the steps of my lawsuit. She is the best lawyer you can partner with. Mike Rosenberg was the insurance specialist and has outstanding expertise. Between the two of them we were able to settle my claim with two different insurance companies who had no intention of settling with me directly. I received a recommendation to contact the Gold Law Firm after a year of providing evidence and expecting coverage of my home damage after a water heater failure. I finally realized my only option was to hire a lawyer. I am very grateful that I found the best!

Michele Wood Byers -

Client

Greg was a genius when my son was in a car accident. Thanks so much!

Miles W. -

Client

Greg Gold is an excellent Attorney that gets the job done he is probably the best personal injury Lawyer in Colorado and the surrounding States he is up on the latest cases and has a feel for what will work no nonsense he will not B.S. you to sign you up he is very selective about the cases he takes he won a Walmart case in Longmont for a world record 18 Million dollars and collected it for the injured lady truck driver.

John R. -

Client

Cannot speak highly enough about the Gold Law Firm. My case was turned over to them when the original firm and the insurance firm reached an impasse. Michael took on the case and stuck with it until an additional settlement was reached. My children have a stress free start in life thanks to the efforts of the Gold Law Firm.

Gina E. -

Client

This is one of the best law firms I have ever been introduced to. They are very informative and very friendly. They answer your calls ASAP and help explain everything you need to move forward with whatever you need.

H A. -

Client

Colleen Parsley was instrumental in helping me after someone rear-ended me, causing a concussion, cracked teeth and neck injury. She is kind, professional and knows the law. I wanted someone to be effective but not a bully. Colleen was that and much more.

Amy R. -

Client

I was in an accident with a driver who was texting. Mr. Gold was able to get me an appropriate settlement. His team was extremely professional and got justice for me. I would recommend The Gold Law Firm over any other firm.

P.W. -

Client

My attorney always kept his word he was very professional and was always available when I needed him he represented me in an honorable fashion and I have the utmost confidence in The Firm