Editor’s note: This story references domestic violence and suicide. If you or someone you know is struggling with this issue, call the National Domestic Violence Hotline at 1-800-799-7233 or text “START” to 88788. There is also the 988 Suicide and Crisis Lifeline which can be called or texted at 988. You can also visit the website.
This article was reprinted with permission from Virginia Mercury.
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.
“This is a terribly painful irony,” Del. Rip Sullivan, D-Fairfax, said. “The red flag process is directed at trying to prevent these tragedies.”
New ways to raise a flag
Two of Sullivan’s bills to update the red flag law were recently signed by Gov. Abigail Spanberger. Preventing gun violence is an issue he’s cared about for a long time, he said.
Sullivan’s 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’re 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’s 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 “meant to make sure that our communities know that this is an option out there.”
The updates to the law don’t 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 child custody order.
Justin Fairfax was accused of sexual assault while still serving as lieutenant governor in 2019, allegations he denied and that didn’t result in criminal charges. By 2021, he’d 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 reported.
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’s divorce laws ‘outdated’
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. Court records 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’d accumulated debt. Cerina Fairfax — described by her friends as the rock of her family and a woman with a kind nature — 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’s “undefined emotional and psychological issues” that were “in fact defining him.”
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’s prosecutorial background has included working with victims of domestic violence, and she has spotted trends in contributing factors to heightened violence.
“When people are very upset and to have them in this powder keg with difficulty separating, I’m not sure it does anyone any favors,” Perry said. “It can exacerbate things.”
The Fairfax murder-suicide on April 16 appeared to be the result of “ongoing domestic dispute surrounding what seems to be a complicated or messy divorce,” 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’d 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 “not normal.”
A judge had ordered Justin Fairfax to move out of the estranged couple’s 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 potential contempt of court judgment for failure to comply with previous orders.
Davis surmised the latest serving of paperwork may have been the “spark” that motivated him to kill his wife.
Perry said that while the public doesn’t know all the intricacies of the Fairfaxes’ crumbling relationship, their tragic ending is a reminder of how laws can help people in similar or related situations.
She pointed to Sullivan’s 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.
“I’ve thought for some period of time that our divorce laws are really outdated and pretty paternalistic,” 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 legal services to continue their divorce proceedings.
“The legal system is designed to move slowly and sometimes that is for good reason,” Schwartz said. “But I agree some reform is necessary. When people need to end their marriages, it should not be this difficult.”virginia
