C.R.S. Section 13-80-103.6
General limitation of actions

  • domestic violence
  • six years
  • definition

(1)

Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section 14-10-124 (1.3)(a), must be commenced within six years after a disability has been removed for a person under disability, as such term is defined in subsection (2) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter; except that in no event may any such civil action be commenced more than twenty years after the cause of action accrues.

(2)

Intentionally left blank —Ed.

(a)

For the purpose of this section, “person under disability” means any person who:

(I)

Has a behavioral or mental health disorder; an intellectual and developmental disability, as defined in section 25.5-10-202 (26); or a brain injury, as defined in section 26-1-301 (1.5); and

(II)

Is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.

(b)

For the purpose of this section, where the plaintiff is a victim of a series of domestic violence offenses, the plaintiff need not establish which act of a series of acts caused the plaintiff’s injury, and the statute of limitations set forth in this section commences with the last in the series of acts, subject to the provisions of this section regarding disability.

(c)

A person under disability has the burden of proving that:

(I)

The act of domestic violence that is the basis of the civil action occurred; and

(II)

He or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.

Source: Section 13-80-103.6 — General limitation of actions - domestic violence - six years - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑80‑101
General limitation of actions - three years 13‑80‑102
General limitation of actions - two years 13‑80‑102.5
Limitation of actions - medical or health care 13‑80‑103
General limitation of actions - one year 13‑80‑103.5
General limitation of actions - six years 13‑80‑103.6
General limitation of actions - domestic violence - six years - definition 13‑80‑103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13‑80‑103.8
Limitation of civil forfeiture actions related to criminal acts 13‑80‑103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13‑80‑104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13‑80‑105
Limitation of actions against land surveyors 13‑80‑106
Limitation of actions against manufacturers or sellers of products 13‑80‑107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13‑80‑107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13‑80‑108
When a cause of action accrues 13‑80‑109
Limitations apply to noncompulsory counterclaims and setoffs 13‑80‑110
Causes barred in state of origin 13‑80‑111
Commencement of new action upon involuntary dismissal 13‑80‑112
When action survives death 13‑80‑113
New promise - effect of payment 13‑80‑114
Promise by one of parties in joint interest 13‑80‑115
Endorsement by payee - effect 13‑80‑116
Action against joint debtors or obligors 13‑80‑117
No dismissal for nonjoinder 13‑80‑118
Absence or concealment of a party subject to suit 13‑80‑119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-103.6’s source at colorado​.gov