NSW Police have applied for an apprehended violence order (AVO) against both of William Tyrrell's foster parents.

The AVO was taken out on behalf of a person who cannot be identified for legal reasons.

The case will be heard at Hornsby Local Court later in November 2021.

This is on the heels of police beginning a "high intensity" search for the three-year-old's remains, more than seven years after his disappearance.

AVO on Behalf of Child

Police applied for the AVO on behalf of a child after receiving a report that the child had suffered an assault. The incident is said to be related to William Tyrell.

Officers may also lay common assault charges or even assault occasioning actual bodily harm charges as the child was allegedly identified with bruising.

However, the parents' lawyers can also negotiate with police to get an AVO dismissed if the evidence in the case is weak.

The AVO case is scheduled to be heard at Hornsby Local Court on 23 November 2021.

Renewed Search for William Tyrell

Three-year-old William Tyrell was dressed in a Spider-Man outfit when he went missing from his foster grandmother's home on the morning of September 12, 2014.

Detective Chief Superintendent Darren Bennett announced this month that police would reconvene searching three locations in the mid-north coast. Kendall is the suburb where Tyrell's foster grandmother's house was located.

When speaking to reporters, Bennett said, "This activity is in response to evidence we've obtained in the course of the investigation, it's not speculative in any way. It's highly likely that if we found something, it would be a body."

"We are looking for the remains of William Tyrrell, there's no doubt about that."

Hundreds of officers are expected to be part of the searches, which will last two to three weeks.

Officers were seen probing in bushland. Police dogs were also used.

Podcast Subpoenaed

The NSW coroner also subpoenaed all notes, audio recordings and materials from a podcast about William Tyrrell's disappearance. 

Lia Harris produced 'Where's William Tyrrell?' - a podcast which uncovered new information about the child's disappearance.

Harris told media outlets that, "They have asked for a broad range of things related to the podcast - documents, audio, all of that is encompassed in the subpoena."

"It seems that they just want to know whatever we know about the case. They want to know whatever we have discovered in researching the podcast and they want us to hand it all over to them."

She went on to say that, "They've obviously got some new direction, some new strategy which has led them to issuing this subpoena after all this time." 

Detective Chief Superintendent Bennett said the renewed search would take two to three weeks. 

"We are acting on behalf of the Coroner and in conjunction with the coronial orders, she will be kept updated with regard to our progress. We're very hopeful that we can bring this matter to some form of conclusion."

AVO Lawyers

An AVO is an apprehended violence order. It is a Court order imposed on a person for the protection of another person (or persons).

There have been a number of recent examples of AVOs being withdrawn and/or dismissed after retaining experienced AVO lawyers. You can view some of those cases by clicking here.

We have offices throughout the Sydney metropolitan area where you can speak to Sydney, Liverpool and Parramatta Criminal Lawyers. We can arrange a conference for you with a Law Society Accredited Specialist in AVOs. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

There are some mandatory conditions that come with an AVO, and then there are other optional conditions. These conditions restrict the behaviour of the person on whom the AVO is imposed.

As an AVO is not a criminal conviction, it will not appear on any Police check. However, an AVO may place restrictions on what you can and cannot do. Some common examples of conditions are:

  • You cannot approach or contact a particular person or persons;
  • You cannot enter a particular premises;
  • You cannot go within a certain distance of a particular location;
  • You cannot be in the company of a particular person within 12 hours of consuming alcohol.

Section 16 of the Act sets out the factors that must be proved on the balance of probabilities:

1. The alleged victim has reasonable grounds to fear a personal violence offence from you; and

2. The alleged victim, fears a personal violence offence from you unless:

a) The alleged victim is under 16 years of age

b) The alleged victim has a mental impairment

c) the alleged victim has, in the past, been subject to a personal violence offence from you and the court believes there is a reasonable likelihood of it occurring again.

3. It is appropriate to make an AVO in the terms sought.

If any of these matters cannot be proved, then the AVO will not be made.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.