CHARLESTON, W.Va. (WSAZ) -- Kanawha County Prosecutor Mark Plants has been arrested and charged with violating a domestic violence petition.
Plants was arraigned on the misdemeanor charge in Kanawha County Magistrate Court Tuesday morning.
Earlier this month, the protective order was put in place after Mike Clifford, the attorney for Plants' ex-wife, says a complaint was filed with West Virginia State Police claiming Plants used excessive force while disciplining their child.
Plants is scheduled to be in court this Friday concerning that order.
According to the criminal complaint, Plants' ex-wife told police he was standing by her vehicle talking to their two children when she was leaving Fruth Pharmacy along Oakwood Road in Charleston.
Plants' ex-wife says he also questioned her about who was babysitting the children while she was at work, according to the complaint. That's when the ex-wife says he started walking to his vehicle to leave.
According to the complaint, Plants' ex-wife told troopers she is scared of Plants and would be staying at friends for the night.
Under the DVP filed in Magistrate Court, Plants is not to have any contact with the victim or the children, according to the complaint.
Since the complaint was filed, Plants has denied any wrong doing.
After Plants was arraigned in magistrate court Tuesday he made a quick statement, but would not take any questions.
"Last night I walked out of Fruth. 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. I'm not gonna elaborate or answer any other questions," Plants said.
A special prosecutor was appointed last week to investigate the complaint and to determine if any criminal charges should be filed. The Supreme Court appointed Sidney Bell, who is retired from McDowell County, to the case.
So far Plants has not been charged with anything related to the abuse allegations.
After Plants was arraigned Tuesday for violating the DVP, he was released on a $2,000 PR bond. If convicted, Plants faces up to a year in jail and a $2,000 fine.
We have a crew at the courthouse. Keep clicking on WSAZ.com for the latest information.