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The killing of Dr. Cerina Fairfax by her husband, former Virginia Lt. Gov. Justin Fairfax, has intensified scrutiny of Virginia’s gun-removal and divorce laws—and whether stronger safeguards could prevent similar violence.

Police say Justin Fairfax fatally shot his wife and then himself at their Annandale home on April 16. The deaths followed a prolonged separation, a contentious divorce and documented concerns about his mental health and behavior.

The case carries a painful political irony. Six years earlier, Justin Fairfax cast the tie-breaking vote for Virginia legislation allowing firearms to be temporarily removed from people considered a danger to themselves or others.

“The red flag process is directed at trying to prevent these tragedies,” said Del. Rip Sullivan, D-Fairfax.

More people will be able to seek gun-removal orders

Gov. Abigail Spanberger recently signed two Sullivan bills expanding Virginia’s red flag system.

House Bill 901, accompanied by Senate Bill 495 from Sen. Creigh Deeds, D-Charlottesville, broadens the group of people permitted to ask a judge for a substantial risk order. Previously, only law enforcement officers and commonwealth’s attorneys could file such petitions.

Beginning July 1, social workers, mental health professionals, school administrators and immediate family or household members will also be able to seek an order.

If one is granted, the person named in it must surrender their firearms and cannot purchase more for up to 14 days. A court can extend that prohibition for as long as 180 days if the person is found to pose a threat, while those affected can petition to have their gun rights restored.

Sullivan’s HB 896 requires the Virginia Department of Criminal Justice Services to develop training so law enforcement agencies understand how to use the law. It also calls for public outreach to make communities aware that the process exists.

The changes come too late for the Fairfax family, but Sullivan said an episode from 2022 illustrates how the expanded law might work.

According to a child custody order and family accounts, Justin Fairfax bought a handgun that year using money intended for his children’s horseback-riding lessons. His brother later found him with the weapon in a park and helped arrange a late-night conversation with a mental health professional in a mall parking lot.

Under the newly expanded system, that situation might have allowed a family member or mental health provider to seek a court order.

Court records described escalating concerns

Cerina Fairfax had attempted to leave her husband two years before her death. The couple separated in summer 2024, and she began divorce proceedings in 2025, but they continued living in the same house and slept in separate bedrooms.

A March 30 custody order described significant changes in Justin Fairfax’s behavior. Cerina Fairfax reported periods of isolation, excessive drinking and his failure to contribute his share of the mortgage, groceries and utilities.

Justin Fairfax had been accused of sexual assault while serving as lieutenant governor in 2019. He denied the allegations, which did not result in criminal charges. After losing the 2021 Democratic primary for governor, his political career declined, and his legal work largely dried up while his debts mounted.

Although Cerina Fairfax was a dentist with her own practice, friends said she became the family’s financial anchor, paying household expenses and supporting the children.

A judge described Justin Fairfax as having “undefined emotional and psychological issues” that were increasingly defining his conduct.

Police had previously responded to the home after he accused his wife of attacking him. Fairfax County Police Chief Kevin Davis said officers reviewed cameras she had installed inside the residence and determined that the allegation was unfounded. After the couple’s deaths, the recordings also helped investigators confirm the sequence of events.

Courtenay Schwartz of the Virginia Sexual and Domestic Violence Action Alliance said the presence of interior surveillance cameras during a separation and impending divorce was itself troubling and “not normal.”

A judge had ordered Justin Fairfax to leave the home by April 30. He was also required to take a breathalyzer test before visits with his children and was scheduled to appear in court April 21 over possible contempt for failing to follow earlier orders.

Davis said the latest court paperwork may have been the “spark” preceding the killing. He characterized the deaths as arising from an ongoing domestic dispute connected to a complicated divorce.

Lawmakers question Virginia’s divorce rules

Virginia generally requires couples to live separately for six months before divorcing, or one year when they have children. Financial pressures can nevertheless force separating spouses to remain under the same roof.

Sen. Russet Perry, D-Loudoun, a lawyer and former prosecutor who has worked with domestic violence victims, said requiring people in a deeply strained relationship to continue living together can heighten tensions.

“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.”

Spanberger also signed Sullivan’s HB 303, which addresses adultery as grounds for divorce and creates a workgroup to examine whether Virginia should eliminate fault-based divorce.

Perry and Schwartz said such a change could particularly help people facing domestic violence. Fault-based proceedings can become lengthy and expensive, requiring continued contact between an abused spouse and an alleged abuser.

Perry is considering legislation that would eliminate fault-based divorce and remove waiting periods, calling the state’s current laws “really outdated and pretty paternalistic.”

Schwartz said people seeking help through her organization’s hotline have described fearing for their safety while also being unable to afford the legal work necessary to continue a divorce.

“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.”

Anyone experiencing domestic violence can call the National Domestic Violence Hotline at 1-800-799-7233 or text “START” to 88788. The 988 Suicide and Crisis Lifeline is available by calling or texting 988.