                                 CODE OF VIRGINIA

INJUNCTION AGAINST DISCLOSURE OF CRIMINAL INVESTIGATIVE FILE MATERIALS UNDER THE
VIRGINIA FREEDOM OF INFORMATION ACT (§ 8.01-622.2)

Except with respect to the disclosure of records under subdivision D 4 or clause
(i) of subdivision D 5 of § 2.2-3706.1, an injunction may be awarded to prevent
the disclosure of records related to criminal investigative files requested
under § 2.2-3706.1 of the Virginia Freedom of Information Act (§ 2.2-3700 et
seq.).
		In making its determination, a court shall consider the following and shall
enter its findings on the record:

1. Whether disclosure of the public records would constitute an unreasonable
invasion of personal privacy;

2. Whether disclosure of the public records would endanger the life or physical
safety of any individual;

3. Whether disclosure of the public records would subject (i) the victim; (ii)
the victim&#8217;s immediate family members as set forth in &#xA7; 2.2-3706.1,
if the victim is deceased and the immediate family member is not a person of
interest or a suspect in the criminal investigation or proceeding; or (iii) the
parent or guardian of the victim, if the victim is a minor and the parent or
guardian is not a person of interest or a suspect in the criminal investigation
or proceeding, to severe mental or emotional distress; and

4. Any other factor or information deemed by the court to be relevant.

HISTORY: 2022, c. 386; 2024, c. 582.