Virginia § 8.01-223.1 - Use of constitutional rights

Full text of Virginia Code of Virginia § 8.01-223.1 — Use of constitutional rights, with citation guidance and answers to common questions.

§ 8.01-223.1. Use of constitutional rights

In any civil action, the exercise by a party of any constitutional protection shall not be used against him, except that in any civil proceeding for spousal support, custody, or visitation under Title 16.1 or any civil action for divorce or separate maintenance under Title 20 filed on or after July 1, 2020, if a party or witness refuses to answer a question about conduct described in subdivision A (1) of § 20-91 or in § 18.2-365 on the ground that the testimony might be self-incriminating, the trier of fact may draw an adverse inference from such refusal.

1985, c. 192; 2020, c. 1062.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 8.01-223.1

What does Code of Virginia § 8.01-223.1 cover?

Section 8.01-223.1 ("Use of constitutional rights") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 8.01-223.1?

A common citation format is "Code of Virginia § 8.01-223.1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 8.01-223.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.