Agreement reached in Kanawha prosecutor domestic case
Kanawha County Prosecutor Mark Plants has reached an agreement with his ex-wife about parenting time following allegations that he used excessive force in disciplining one of their children.
Plants appeared in Cabell County Family Court before Judge Patricia Keller Friday for a hearing on the emergency order. The court issued an order Friday evening saying he and his ex-wife, Allison Plants, had reached an agreement on parenting time.
State Police launched an investigation in February after Allison Plants accused him of using excessive force. According to previous reports, Allison Plants filed for divorce in 2012 and received a domestic violence protective order in late February.
The prosecutor was arrested Tuesday for violating the terms of the protective order, which said he would not have contact with his ex-wife or their children.
Allison Plants saw her ex-husband standing by a car talking to their sons when she came out of Fruth Pharmacy, according to a criminal complaint filed in Kanawha Magistrate Court. Mark Plants allegedly asked Allison Plants who was babysitting the two children while she was at work.
Plants still faces the misdemeanor charge of violating the protective order, which carries a possible penalty of up to a year in jail and a $2,000 fine.
In Friday's agreement, both agreed the domestic violence petition will be dismissed upon Plants' evaluation and discharge from Hudson Counseling. According to the order, Allison Plants agreed that the "resolution of this matter in its entirety is in the best interest of the children."
The agreement also said both would not use "corporal punishment" of their children and set Mark Plants' visitation with the couple's children, noting he will have supervised visitation but no overnight visits.
They also will not speak of the incident to the children or in front of them.
Under the agreement, Mark Plants' new wife Sarah Foster Plants will not have any contact with the children by phone or email outside of Mark Plants' visitation time. However, her kids may have contact with Plants' sons by Skype or Facetime.
Plants also will pay the $3,750 for the guardian ad litem and $2,000 for Allison Plants' attorney fees.
The order continued the hearing and emergency protective order to take place at 9:30 a.m. June 27 in Kanawha County Family Court.
Contact writer Ashley B. Craig at firstname.lastname@example.org or 304-348-4850.