2022 Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 24 - Injunctions
§ 8.01-622.2. Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act
Except with respect to the disclosure of records under clause (iv) of subsection D or clause (v) (a) of subsection D 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's immediate family members as set forth in § 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.
2022, c. 386.
