Editor鈥檚 note: This story references domestic violence and suicide. If you or someone you know is struggling with this issue, call the at 1-800-799-7233 or text 鈥淪TART鈥� to 88788. There is also the 988 Suicide and Crisis Lifeline which can be called or texted at 988. You can also .听
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Two years before Dr. Cerina Fairfax was shot and killed by her husband, former Virginia Lt. Gov. Justin Fairfax, she had tried to leave him.
Six years before police say he fatally shot his wife and himself, Justin Fairfax had been the tie-breaking vote on state legislation that allows temporary confiscation of guns from people deemed at-risk of harming themselves or others.
鈥淭his is a terribly painful irony,鈥� Del. Rip Sullivan, D-Fairfax, said. 鈥淭he red flag process is directed at trying to prevent these tragedies.鈥�
New ways to raise a flag
Two of Sullivan鈥檚 bills to update the red flag law were recently signed by Gov. Abigail Spanberger. Preventing gun violence is an issue he鈥檚 cared about for a long time, he said.
Sullivan鈥檚 House Bill 901 (and companion Senate Bill 495 by Sen. Creigh Deeds, D-Charlottesville) expands the option for people to petition a judge for substantial risk orders.
When these orders are granted, the subject loses their firearms and the ability to purchase others for up to 14 days. People can petition to restore their access to guns and can also be subject to a gun prohibition for up to 180 days under the law, if they鈥檙e deemed a threat.
Previously, commonwealth attorneys or law enforcement officers had been the only parties allowed to file the orders. With the new law, social workers, mental health professionals, school administrators and immediate family or household members will be able to seek them too.
Likewise, Sullivan鈥檚 HB 896 directs the state Department of Criminal Justice Services to establish a training program for law enforcement to ensure they know how to use the law and to spread the word about them through public outreach campaigns.
Sullivan said the measures are 鈥渕eant to make sure that our communities know that this is an option out there.鈥�
The updates to the law don鈥檛 take effect until July 1 but the current law was designed to prevent tragedies like the one that unfolded in the Fairfax home on April 16, when deadly violence erupted following signs of declining mental health, a judge had noted in a March 30 .
Justin Fairfax was accused of sexual assault while still serving as lieutenant governor in 2019, allegations he denied and that didn鈥檛 result in criminal charges. By 2021, he鈥檇 lost a Democratic primary for governor and his political career continued a downward trajectory.
His behavior changed, according to the custody order that included insights from family members amid their prolonged divorce.
Cerina Fairfax had described his periods of isolation, excessive alcohol consumption and failure to pay his half of the mortgage, groceries and utilities.
In 2022, he purchased a handgun with money meant for their two children to have horseback riding lessons. His brother later found him with it in a park and facilitated him speaking with a mental health professional in a mall parking lot late one night, The Richmond Times-Dispatch .
That moment, Sullivan noted, might have been one where the updated red flag law could have come into play, had it been law at that time.
Virginia鈥檚 divorce laws 鈥榦utdated鈥�
While the enhanced gun safety laws could have been helpful for the Fairfaxes, it appears their living situation was not.
Virginia law requires that couples be separated for six months or a year, if there are children involved, before being granted a divorce.
The Fairfaxes separated in the summer of 2024 and by 2025, Cerina Fairfax had initiated the divorce. show her husband tried legal tactics to prolong the process, arguing she had not initially disclosed intent to divorce when they separated.
The couple continued to live together during the separation and after initiating the divorce process, sleeping in different bedrooms.
Courtenay Schwartz with the Virginia Sexual and Domestic Violence Action Alliance said that finances are often a reason for couples to remain under the same roof when separating.
Though the former lieutenant governor was a lawyer and his wife was a dentist with her own practice, his legal work largely dried up after he left public office and he鈥檇 accumulated debt. Cerina Fairfax 鈥� as the rock of her family and a woman with a kind nature 鈥� handled household expenses and support for the children.
In the leadup to him murdering his wife and committing suicide, a Fairfax County judge noted Justin Fairfax鈥檚 鈥渦ndefined emotional and psychological issues鈥� that were 鈥渋n fact defining him.鈥�
If finances hampered the couple from living apart as tensions between them rose, it may have worsened matters, Loudoun Democrat Sen. Russet Perry, who is also a lawyer, said.
Perry鈥檚 prosecutorial background has included working with victims of domestic violence, and she has spotted trends in contributing factors to heightened violence.
鈥淲hen people are very upset and to have them in this powder keg with difficulty separating, I鈥檓 not sure it does anyone any favors,鈥� Perry said. 鈥淚t can exacerbate things.鈥�
The Fairfax murder-suicide on April 16 appeared to be the result of 鈥渙ngoing domestic dispute surrounding what seems to be a complicated or messy divorce,鈥� Fairfax County Police Chief Kevin Davis said.
Officers had been dispatched to the home months prior after Justin Fairfax alleged that his wife had attacked him. Police reviewed cameras she鈥檇 installed in the home, Davis said, to dispel the allegation and, after their deaths, to corroborate the sequence of events.
Schwartz suggested the interior cameras could have been a red flag amid their ongoing separation and imminent divorce, saying the surveillance was聽 鈥渘ot normal.鈥�
A judge had ordered Justin Fairfax to move out of the estranged couple鈥檚 shared home by April 30, and he had to undergo a breathalyzer before permitted visits with his children.
He was also scheduled to appear in court on April 21, to face a for failure to comply with previous orders.
Davis surmised the latest serving of paperwork may have been the 鈥渟park鈥� that motivated him to kill his wife.
Perry said that while the public doesn鈥檛 know all the intricacies of the Fairfaxes鈥� crumbling relationship, their tragic ending is a reminder of how聽 laws can help people in similar or related situations.
She pointed to Sullivan鈥檚 HB 303, which Spanberger also recently signed.
While that law focuses on instances of adultery as grounds for a divorce being decreed, it also establishes a workgroup that can explore whether the state should end fault-based divorces altogether.
Schwartz and Perry say the concept is particularly helpful for spouses experiencing domestic violence. By allowing marriages to end without a fault-based system, it prevents prolonged and costly proceedings that can lead to further contact between the abused and abuser.
In her role as a lawmaker, Perry said she is considering carrying legislation to end fault-based divorce and remove waiting periods.
鈥淚鈥檝e thought for some period of time that our divorce laws are really outdated and pretty paternalistic,鈥� Perry said.
Schwartz has witnessed how the delays impact some of her clients or people who have called a hotline hosted by her organization. They have relayed fear for their safety and their inability to afford聽 legal services to continue their divorce proceedings.
鈥淭he legal system is designed to move slowly and sometimes that is for good reason,鈥� Schwartz said. 鈥淏ut I agree some reform is necessary. When people need to end their marriages, it should not be this difficult.鈥漹irginia
