UPDATE: Kanawha Prosecutor: 'Case Will Ultimately Be Dismissed'

UPDATE 3/21/14 @ 12:37 p.m.
HUNTINGTON, W. Va. (WSAZ) -- Kanawha County Prosecutor Mark Plants said the case involving abuse allegations against him, filed by his ex-wife, soon will be dismissed after the two reached an agreement Friday afternoon.

Plants' ex-wife filed a complaint with West Virginia State Police in February.

State Police said she claimed he used excessive force while disciplining one of their children.

A protective order was issued shortly after, preventing Plants from seeing his ex-wife or children.

Plants denied the allegations.

Earlier this week, he was arrested and charged with violating that order.

According to the criminal complaint, his ex-wife found Plants talking to the children while they waited for her outside of a pharmacy.

Friday, Plants said he's glad this case can be put to rest.

"I'm happy that we reached an agreement. It will allow me to continue being a father and ultimately have this case dismissed," Plants said.

The agreement includes the following conditions:

  • Upon Plants' completion of counseling, the DVP will be dismissed.

  • Plants will have supervised visitation with his kids, as outlined in a previous parenting agreement. No overnight visits are permitted.

  • Plants will be allowed to speak with his kids by phone, text and email.

  • Plants is responsible for paying attorney fees and guardian ad litem fees associated with the case.

WSAZ.com reached out to Plants' ex-wife and her attorney several times at the Cabell County Courthouse.

They declined to comment each time.

ORIGINAL STORY 3/21/14 @ 7 a.m.

CHARLESTON, W. Va. (WSAZ) -- Friday, Kanawha County Prosecutor Mark Plants is set to be inside a courtroom for the second time in a week.

But, this time it will be a family courtroom.

West Virginia State Police said his ex-wife filed a complaint last month alleging abuse of one of their children.

This hearing comes days after Plants was charged with violating a protective order.

The protective order was supposed to prevent Plants from seeing his children or ex-wife until this family court hearing.

Friday morning, Cabell County Family Court Judge Patricia Keller will hear both sides, look at the evidence and decide what happens next.

Plants is battling abuse allegations after West Virginia State Police said his wife filed a complaint against him.

In the complaint, State Police said he's accused of using excessive force while disciplining one of their children.

"For the past ten years, my ex-wife and I have agreed that spanking on occasion is an appropriate form of discipline," said Mark Plants.

State Police didn't specify whether spanking was the concern.

Soon after, a domestic violence protective order was granted against Plants.

Then, the original Kanawha County judges recused themselves from the case and the Chief Justice of the Supreme Court appointed two out-of-county judges in their place.

"I've cooperated with investigators, I've spoke with the lead investigator, I've done everything law enforcement has asked me to do," said Plants.

But Plants soon found himself talking to police again. He was arrested for violating the protective order.

According to the criminal complaint, his ex-wife called police Monday night after she found Plants talking to their children outside of a pharmacy.

While she said they were waiting in the car for her, Plants said they were left unsupervised.

She also said he questioned her about babysitters and told troopers she was scared of him.

"My kids were unattended in a vehicle. It was dark. I stood with them until my ex wife came back out. At this point, that's the basis of the allegation. That's why I was arrested," Plants said.

Now, the judge hearing the case can decide if the protective order needs to be extended or dropped.

Plants has denied any wrongdoing in connection with those abuse allegations.

His protective order violation is considered a misdemeanor.

Calls to Plants' ex-wife were not returned.

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