Domestic Violence Probation Terms: What Do They Mean? ARS 13-901

Domestic Violence Probation Terms in Arizona: What Do They Mean?

Domestic violence probation terms are the written conditions you must follow for the entire probation period, and in Arizona most of them come from a single form. The Arizona Supreme Court’s Uniform Conditions of Supervised Probation form, adopted under section 6-207 of the Arizona Code of Judicial Administration, lists nine standard conditions that apply to everyone on supervised probation, five numbered special conditions the judge can check, a “Domestic Violence” program box, and an attached Financial Judgment and Order with a DV addendum. A domestic violence sentence adds the terms that Arizona statutes require for DV offenses on top of that form.

The law behind the form is A.R.S. § 13-901, which lets the court suspend a sentence, place you on probation, and impose conditions that are “reasonably necessary, individually determined and narrowly tailored” to a law-abiding life, public safety and rehabilitation, informed by your risk and needs assessment. In Maricopa County, felony DV cases and justice court misdemeanors are supervised by the Maricopa County Adult Probation Department, whose Domestic Violence Program adds enhanced supervision, victim outreach and a mandatory minimum 32-week offender intervention program. City courts such as Phoenix, Scottsdale and Mesa write their own probation orders, but the statutory terms below apply in every court. This guide is the companion to our explainer on what the terms in a DV plea deal mean, and the general rules are covered in Arizona probation rules.

What Are the Nine Standard Conditions of Probation in Arizona?

Every supervised probationer signs the same nine conditions, written in the first person. In a domestic violence case, several of them carry more weight than they appear to:

1. “I will obey all criminal laws.” Any new arrest is a violation, and a new DV arrest also starts the 60-month and 84-month repeat-offense clocks described below.
2. “I will comply with the APD written regulations.” The probation department’s own rules are incorporated by reference, so a term you never saw in court can still be enforced.
3. Report as directed, and within 72 hours of any contact with law enforcement or any sentencing or release from custody. A traffic stop counts. A welfare check at your home counts.
4. Actively participate in treatment and sign a release so the department can exchange information with your program. This is the hook for the DV treatment term: the provider reports attendance and completion directly.
5. Live at an approved address and provide “safe, unrestricted access” to it. If the victim lives there, the address will not be approved until the contact term is resolved.
6. Get APD approval before leaving the state. Vacations, work travel and family emergencies all require a permit.
7. Submit to drug and alcohol testing as directed. Testing is routine on DV caseloads even when the offense involved no substances.
8. “I will not possess weapons, including firearms and ammunition, nor use anything to threaten or cause bodily harm or property damage.” See the firearm section below; this condition overlaps with a criminal prohibition.
9. Allow search and seizure of your person and property by the APD without a warrant. Phones included. Read whether a probation officer can enter your home without a warrant.

Which Probation Terms Are Specific to Domestic Violence?

How Does the No-Contact Term Work on DV Probation?

Special condition 10 is absolute on its face: no contact “in any form” unless the Adult Probation Department approves it in writing. In Arizona courts that language is read to include text messages, calls, email, social media interactions, gifts, and messages relayed through friends, family or children. It is also one-directional. If the victim calls or texts you, the contact still counts against you unless written approval exists, which is why defense attorneys commonly tell clients on DV probation to preserve the incoming message, not reply, and report it to the officer.

The term can be modified. A.R.S. § 13-901(E) lets the court modify or add conditions at any time, and the Maricopa County DV Program’s victim outreach means the probation department will usually have the victim’s position before any approval is granted. Couples who share a home or children typically need the term addressed in writing at sentencing or by motion afterward, because condition 5 ties your approved residence to it. The pretrial version of this restriction, imposed under A.R.S. § 13-3601(I) at the initial appearance, ends at sentencing and is replaced by whatever the probation order says. See our guide to the no-contact order after a DV arrest for the pretrial rules.

What Does the Treatment Term Require in Maricopa County?

For any misdemeanor domestic violence conviction, A.R.S. § 13-3601.01 says the judge “shall order” completion of a domestic violence offender treatment program provided by a facility approved under rules of the Supreme Court, the Department of Health Services, the Veterans Affairs department or a probation department. You pay the cost. The program must report to the court whether you attended and whether you completed it. If you were ordered to treatment before, the judge must order it again unless alternative sanctions are found more appropriate.

Two sets of standards govern what that means in practice. Statewide, A.A.C. R9-20-208 requires at least 26 sessions for a first offense, 36 for a second and 52 for a third or later offense, with group sessions of 90 to 180 minutes, completion no sooner than three months and no later than twelve months after admission, and written notice to the court when a client fails to report, is discharged, fails to comply or completes the program. In Maricopa County, the Adult Probation Department’s Domestic Violence Program requires a “mandatory minimum 32-week offender intervention program” for supervised probationers, alongside enhanced supervision and contact with the victim. Condition 4 of the standard terms, the release of information, is what lets the provider and the probation officer compare notes on your progress.

Can You Have a Gun While on Domestic Violence Probation?

No, and the consequence of getting it wrong is a new felony rather than a probation violation. Condition 8 bars weapons, firearms and ammunition. Separately, A.R.S. § 13-3101(A)(7)(d) defines a prohibited possessor to include a person “serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601,” including misdemeanors. A prohibited possessor who possesses a firearm commits misconduct involving weapons under A.R.S. § 13-3102, a class 4 felony, which Maricopa County prosecutors charge as a new case while the probation department petitions to revoke.

Firearms already in the home should be transferred before sentencing, and in Arizona courts possession is read broadly enough to include a spouse’s gun in a shared closet. The state prohibition ends when probation ends. The federal ban under 18 U.S.C. § 922(g)(9) for a misdemeanor crime of domestic violence depends on the elements of the offense you pleaded to and can continue indefinitely, which is addressed in our DV plea terms guide.

What Do Domestic Violence Probation Terms Cost?

More than the fine. Under A.R.S. § 13-901(C), the court “shall assess a monthly fee of not less than $65” for supervised probation, reducible only on a finding that you cannot pay. The Financial Judgment and Order attached to the Uniform Conditions form adds a $20 probation assessment under A.R.S. § 12-114.01, a $20 time payment fee, and the standard crime penalty, victims’ rights and first responder assessments. The DV addendum adds the $50 family offense assessment under A.R.S. § 12-116.06 and the $50 address confidentiality assessment under A.R.S. § 12-116.05. Treatment program fees are paid to the provider under A.R.S. § 13-3601.01(C), and special condition 11 requires you to prioritize restitution to the victim over discretionary spending.

Unpaid money has its own consequences. A.R.S. § 13-902(C) lets the court extend probation if restitution is not satisfied, and under A.R.S. § 13-805 any unpaid balance becomes a criminal restitution order when probation ends or you abscond.

How Long Does DV Probation Last in Arizona?

A.R.S. § 13-902 sets the maximums: three years for a class 1 misdemeanor, two for a class 2, one for a class 3, three years for a class 5 or 6 felony, four for a class 4, five for a class 3 and seven for a class 2. Arizona does not extend misdemeanor probation for domestic violence the way it does for DUI, so three years is the ceiling for the typical misdemeanor DV sentence, and most first-offense cases in Maricopa County are resolved with less. First-offense misdemeanor DV is commonly unsupervised; see what unsupervised probation means in Arizona.

Repeat offenses change the terms rather than the length. Under A.R.S. § 13-3601.01(B), a second misdemeanor DV conviction within 60 months allows the judge to order supervised probation and jail as a condition, with work or school release available. A third DV offense within 84 months is aggravated domestic violence under A.R.S. § 13-3601.02, a class 5 felony with at least four months in jail before any release, eight months with three priors. Our guide to aggravated domestic violence jail time covers that statute.

What Happens If You Violate a Domestic Violence Probation Term?

The probation officer files a petition to revoke, and A.R.S. § 13-901(E) authorizes a warrant for your arrest. Rule 27 of the Arizona Rules of Criminal Procedure then controls the schedule: a revocation arraignment no later than seven days after your initial appearance or service of a summons, where you admit or deny each allegation, and a violation hearing seven to twenty days after that. The State must prove the violation by a preponderance of the evidence, not beyond a reasonable doubt, and the court may consider reliable hearsay. If a violation is found, the court can reinstate you with added terms, order jail as a condition up to the one-year total in A.R.S. § 13-901(H), or revoke probation and impose any sentence available for the original offense.

In Maricopa County DV cases, defense attorneys commonly see three kinds of petitions: contact allegations, treatment non-compliance reported by the provider, and new arrests. Each is defended differently, which is why the first call after a petition matters. Read how much jail time a probation violation carries in Arizona.

Can DV Probation Terms Be Modified or Ended Early?

Yes. A.R.S. § 13-901(E) lets the court modify or add conditions at any time during the probation period, and subsection G allows early termination when “the ends of justice will be served” and your conduct warrants it. Contact terms are the most common modification request, usually supported by completed treatment, the victim’s written position and the probation officer’s report. Early termination requests are strongest after treatment is complete, fees and restitution are paid, and a clean stretch of supervision is documented. Probation can also be transferred to another Arizona county: under subsection L, a written request at sentencing supported by employment, housing or caregiver obligations must be acted on within seven business days, unless the receiving department finds the plan is not factual or the transfer would endanger the victim.

How Tamou Law Group Defends You on Domestic Violence Probation

Pre-sentencing advocacy. The terms are easiest to shape before the judge signs the order. We negotiate written contact provisions for families who live together, propose an approved treatment provider, and present the risk and needs information that A.R.S. § 13-901(B) says the conditions must reflect.

Disclosure strategy on violations. A petition to revoke rests on the officer’s report, the provider’s notice or a screenshot. We obtain the full records, the complete message threads and the program’s attendance log before the violation hearing, because a preponderance standard is still a standard.

Plea and collateral analysis. Before any plea that stipulates to probation, we map the firearm, immigration, employment and licensing consequences of each term, and the 60-month and 84-month clocks that a new allegation would start. Learn more on our Arizona domestic violence defense page.