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Kanawha Prosecutor Plants Says Agreement Reached That Will Allow Him To See His Kids

Reported: Mar. 21, 2014 11:46 AM EDT
Updated: Mar. 21, 2014 11:04 PM EDT
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CHARLESTON, W.Va. (Stefano DiPietrantonio) - Kanawha County Prosecutor Mark Plants was back in court Friday, after his ex-wife filed an emergency protective order against him. Police arrested Plants Tuesday, for violating that order.

So, where does this leave Plants now?

There's still the question of the initial child abuse allegation, which will be looked at later. Today's actions were in response to Plants violating a protective order, when he saw his kids outside a drugstore, earlier this week and what each side has to do now, to move forward amicably, and legally.

"I'm just happy that we reached an agreement today," Plants, who kept his comments brief, said. "I can't answer any questions, thank you!"

He was back in court, after his ex-wife Allison, filed an emergency protective order against him. In her complaint last month, she alleged he used excessive force disciplining one of their children, and was not supposed to have any contact with them. But, police arrested Plants Tuesday, for violating that protective order, when he saw his kids outside a local pharmacy.

"My kids were unattended in the vehicle, it was dark, I stood with them until my ex-wife came back out," Plants said the next day.

Cabell County Family Court Judge Patricia Keller took a look at everything, and here is what was worked out Friday.

Mag. Court No. 14-D-260
MARK S. PLANTS Family Court Civil Action No. 14-DV-249

The parties have agreed to the following conditions:
1. Upon the Respondent's evaluation and discharge from Hudson Counseling, the Domestic Violence Petition shall be dismissed.
2. The Respondent shall attend counseling and when deemed appropriate, the counseling will include the minor child and/or mother.
3. There shall be no corporal punishment of the minor children by either party.
4. The Respondent shall pay any and all cost associated with the counseling.
5. The Respondent shall pay the guardian ad litem fees associated with this case. He shall pay unto Arik Paraschos, Esq. the sum of $3,750.00 to be paid within six (6) months of the entry of this Order.
6. The Respondent shall pay the Petitioner's attorney fees associated with this case. He shall pay unto David Lockwood, Esq. the sum of $2,000.00 to be paid within six (6) months of the entry of this Order.
7. The Respondent shall have supervised visitation with the minor children as established in the previous parenting arrangement. There shall be no overnight visits at this time. The visits will be supervised by Richard or Michelle Thompson or Dukey Tanzey.
8. Sarah Plants shall have no contact with the minor children by phone, text or email outside of the father's visitation time. The children may have communication with each other by either regular phone calls, Skype or Facetime.
9. There shall be no discussions with the children about the incident that took place, nor should there be any discussions in front of the children unless it is in a counseling session.
10. The parties shall communicate by text message or email only.
11. The Respondent shall be permitted to speak with his children by phone, text and email.
12. The Respondent shall pay unto the Petitioner child support in the amount of $1,117.09 per month, effective April 1, 2014.
13. The Respondent will agree to comply with the Court's requirements.
14. The Petitioner agrees that the resolution of this matter in its entirety is in the best interest of the children.
15. The parties shall notify the Court immediately of the Respondent's completion of the Court's requirements.


"The agreement will allow me to resume being a father and I look forward to spending time with my children," Plants said. "And ultimately have this case dismissed, thank you very much."

Keep in mind, Plants has not been charged in connection with the child abuse allegations. A special prosecutor has been named to investigate those claims.




HUNTINGTON, W.Va. (Katelyn Sykes) -- Kanawha County Prosecutor Mark Plants left a family court hearing Friday and said an agreement was reached that will allow him to see his children.

Plants was back in family court Friday after his ex-wife filed an emergency protective order against him. When he emerged from court, Plants said he is happy they reached an agreement and that he will be able to see his kids and ultimately have the case dismissed.

Plants' return to family court follows his arrest on Tuesday for allegedly violating that protective order. Allison Plants filed a complaint last month, alleging Plants used excessive force disciplining one of their children.

The protective order stated that Plants was to have no contact with the children, or his ex-wife. He was arrested after what he calls a chance encounter at Fruth Pharmacy this week. Plants said he stood by a car the children were left unattended in until his ex-wife came out of the store.

On Friday morning, Cabell County Family Court Judge Patricia Keller took up the matter to decide what is next. Plants has not been charged in connection with the child abuse allegations, and a special prosecutor has been named to investigate those claims.




HUNTINGTON, W.Va. (Rachel Tarr) -- Kanawha County Prosecutor Mark Plants is due in court again Friday after his ex-wife filed an emergency protective order against him.

This comes after he was arrested on Tuesday for allegedly violating that protective order. Allison Plants filed a complaint last month, alleging Plants used excessive force disciplining one of their children.

The protective order stated that Plants was to have no contact with the children, or his ex-wife. He was arrested after what he calls a chance encounter at Fruth Pharmacy this week. Plants said he stood by a car the children were left unattended in until his ex-wife came out of the store.

On Friday morning, Cabell County Family Court Judge Patricia Keller was set to take up the matter and decide what is next. Plants has not been charged in connection with the child abuse allegations, and a special prosecutor has been named to investigate those claims.

Eyewitness News has a crew outside the family court hearing, but it is closed to the public.



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