Abuse of Family or Household Members

Abuse of Family or Household Members: H.R.S. § 709-906(1) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Abuse of Family or Household Members. A person commits the offense of Abuse of Family or Household Members if he/she intentionally, knowingly, or recklessly physically abuses a family or household member. There are three material elements of the offense of Abuse of Family and or Household Members, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant physically abused (name of complainant); and 2. That, at that time, the Defendant and (name of complainant) were family or household members; and 3. That the Defendant did so intentionally, knowingly, or recklessly as to each of the foregoing elements. “Family or household member” means spouses or reciprocal beneficiaries,* former spouses or reciprocal beneficiaries,* persons in a dating relationship, persons who have a child in common,** parents, children, persons related by consanguinity,** and persons jointly residing or formerly residing in the same dwelling unit. Notes H.R.S. §§ 709-906 (1), 702-206 (1), (2) and (3). For definition of states of mind, see instructions: For definition of “dating relationship,” see HRS § 586-1. For definition of “reciprocal beneficiaries,” see H.R.S. § 572C-3. For degrees of consanguinity within which marriage is prohibited, see H.R.S.§ 572-1. * Effective 7/1/97—Act 383, Hawai`i Session Laws 1997 ** Effective 7/1/98—Act 172, Hawai`i Session Laws 1998