CHARLESTON, W.Va. — Kanawha County Prosecutor Mark Plants has been charged with allegedly violating a domestic protective orderĀ . Plants was arraigned Tuesday morning on the misdemeanorĀ in Kanawha County Magistrate Court.

Plants’ ex-wife Allison Plants was granted the protective order last month after she filed a complaint with State Police claiming her former husband had been excessive in disciplining one of their children.

Prosecutor Plants said he saw his children in a parking lot Monday night.

“I walked out of Fruth Pharmacy last night, my kids were unattended in a dark parking lot and I stood with them until my ex-wife came to the vehicle. That’s all I can say, I can’t elaborate on the facts,” Plants said.

The criminal complaint said Plants questioned his ex-wife about who was babysitting the children while she was at work. Allison Plants told State Police she was scared of her ex-husband.

Plants was released on $2,000 personal recognizance bond.

Shortly after Allison Plants made the allegations of child abuse against her ex-husband Prosecutor Plants held a brief news conference and said he and his ex-wife had agreed to spank their children at times during their marriage.

The alleged abuse case is being investigated by the Crimes Against Children Unit of the State Police based in Wheeling. The state Supreme Court appointed Mercer County Circuit Judge Derek Swope as the special judge in the case. Swope appointed former McDowell County Prosecutor Sid Bell as the special prosecutor in the case last week.


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  • Grey4449

    That protective order should go both ways. Who ever was at Fruth first is in the right. If Mark Plants was there first hmmmm looks like a set up to me. Let's hope the ex isn't putting the dad down to the kids. The kids need to know that both parents love them even when things go bad between mom and dad.

  • Michael

    He knows the law regarding Protective Orders. He is not above the law.

    He shouldn't have approached the children or been there when his ex-wife came out of the store.

    Additionally, while I don't know him or his ex-wife, his actions on this specific encounter displays an air of arrogance. So far this is the most telling of all the mud that has been slinging these last few months/years.

  • Bigred

    To get this out of the way, I have known Mark since he was in high school. He and his whole family, at least the members I met or knew, were among the kindest, most compassionate, most understanding and intelligent people I have ever known. That being said even if Mark did make any mistakes involved in either the DVP or the situation that led to it I find it all but impossible to believe he is some kind of terrible person that deserves any of this. coming from someone experienced with the family court system in the state of West Virginia he was up the creek without a paddle from the get-go. This states laws are all set up to benefit the woman in any and all but the most drastic of situations, especially where the woman has been the first to approach the court with the issue. Whether it be a DVP divorce or custody and child support issue the state and the majority of its "un biased" judges are terrified to sort through the actual facts of each individual case since men are generally viewed to be the antagonist they are pigeon holed in to being the bad guy regardless of the reality of the situation. I'm sure there are circumstances in all of this that I don't have and I'm sure if they were all made public my opinion may change, I'm just commenting on Mark himself not everything surrounding this terrible mess. The real problem with this whole situation is with the children caught in the middle of all of it and everyone involved in the case has lost sight of them. With mark having a infidelity issue the separation should be focused on that and his ex should quit trying to drag him and his name through the mud. If she is upset about him cheating in her then this is all between them not the children, and for her to start accusing him of abuse as a way to sling mud on his name is just juvenile. GROW-UP!!!

  • MC

    It is very interesting to read the comments from folks trying to support a prosecutor who clearly knows what the law is related to DVP's. The "children being left alone" were 10 and 12 years old, clearly old enough to wait for their mom while she ran into a store for a few minutes. These were not infants, toddlers, preschoolers or young children.

    Plants worked the system from every angle, slept with his former married secretary, giving her unwarranted raises while the rest of the office got no such consideration, got her pregnant, and then married her as soon as his (and her) divorces were final. Then, when his ex is threatened by him, and his kid shows up with marks from his dad's "spanking" she seeks a DVP-which he violates within a month of being issued-and within days of his hearing on the matter. If he was so concerned about his children's well being, he (as prosecutor) could have easily called law enforcement, while keeping the car in his sight. He's the criminal, not her.

    Keep sticking up for Mark Plants guys. Keep it up.

    • Get Real

      Whatever.......she is a witch and every one knows it. The woman is always the victim. BS.

      • SW


  • thornton

    Odd that both were in Fruth Pharmacy...flu going around?

  • Worm

    It's three Stoogies speak. You never heard Curly say...."What a moroon" Yuck Yuck

  • Rich

    Seems the censors won't let people post comments in support of Ms. Plants.

  • Rich

    This is a man out of control, exhibiting classic controlling behavior of his spouse.

  • kenkade

    There are standards for issuing domestic violence protective order (DVP), as well as extending a DVP. To say no substantiaing evidence is required is wrong. In this case, the emergency/temporary DVP was entered on behalf of the children he was accused of abusing. The DVP required him to stay away from his ex wife and children. As the law requires, a final hearing on the DVP is scheduled for 3/21/14, Friday. At that time, a more detailed hearing will be undertaken by the Cabell County Family Court Judge who was specially appointed to hear the case and a decision will be made as to whether to drop or extend the DVP. All Mr. Plants had to do was follow the law until Friday, when he would have another full chance to prove his case and get the DVP dropped if he is innocent. Instead, he acted like a common criminal and violated the clear terms by following his ex-wife and kids to Fruth and talking to the kids he is accused of abusing while the mother was inside. I believe the kids are 10 and 12 years old approximately, old enough to be left in the care for a few mintues. Regardless of whether Mr. Plants did what he is accused of, this is either a huge display of stupidity or arrogance on his part to think he doesn't have to follow the same laws the people he prosecutes have to follow.

    • SW


  • J

    Here's what I gather from this. The ex-wife is upset that her ex-husband has moved on and found someone else while she is living the single life and can't find a man. It's obvious she's crazy and that's probably why she's divorced and single. She's damaging the kids putting them through all of this. I'm going to go out on a limb here and say that this lady is the one who needs her rear end spanked and not the kids, although kids need spanked also, this lady appears that she could definetly benefit from one or two!

    • SCOTT

      you are quite the gatherer!!!!!!

    • Fair and Equal Doesn't Exist in Family Court

      Well said "J". Right on target. Soon she will be spending that alimony and child support any way she desires. No controls in place on how the non-custodial parents support money is spent. It's all a joke in this state and many others. One parents gets it all while the other parent (90% are men) get the shaft.

    • KimBall

      You're a complete idiot. Maybe she divorced him b/c he was abusive, who knows? The divorced is sealed for a reason. And I believe the lady Mr. Plants had been having an affair with was married to a Charleston Police officer... Don't pee where you eat Mr. Plants. It's no wonder the police officers are all against him now.

      • J

        Kimmy you're just a female defending a female. They agree that spanking is ok and then one day it's not? Come on now. She's crazy, wants attentions, and wants revenge. I don't know this lady, but it's safe to say she's certifiably insane.

        • SW

          J....Really?! If you don't know the lady, how can you say she is insane. Wow, people! Get a life!

  • FPO Wild Card

    Family Protective Orders favor the initiating party. No facts or substantiating evidence required. Just make up some story that another party is dangerous or abusive and boom, the order is issued and somebody's life is ruined forever. On the other hand, if the situation is legit and substantiated, then the order needs to be issued and enforced. But no time is expended on substantiation. Magistrates issue the order because they are afraid if they don't and someone gets hurt then it falls on them. So it's a wild card to issue and ask questions later. I've seen both parties request an FPO. Most were simply requested as a game to punish the other. Obviously, there are real situations that warrant a swiftly issued FPO. But in my observation, they are most frivolous and without merit. Like the other poster, if I saw my kids unattended (don't know what age they were) I would stand by them until the custodial parent arrived and also called the police. If they are young and left unattended, then the custodial parent should be charged with neglect or whatever is appropriate for that situation. Heck, I feel like a lot of people in our society that we must deal with daily are dangerous, but I don't run out and get an FPO on everyone. Just sayin.........

    • Hillbilly

      What you say actually makes sense... that is why it will never happen.

  • jay zoom

    don't know how old the kids were. but if they were left alone in the car by their mother she should be charged with endangering the welfare of a child. this could also be a set-up

    • JH WISE

      One 'child' is in middle school. And Allison is not crazy nor trying to get revenge. She, In fact, refused to diss her estranged husband to her friends all during the divorce proceedings. She took the high road. Lets quit saying things we don't know anything about, shall we?

      • Chris

        All Alison is doing is driving those boys away from her. They are old enough to know what is going on and what she is doing to their father. The poor kids are probably blaming themselves. Both parent's need to start acting like adults!

      • whatamoroon

        Well that certainly makes it ok then. Nothing bad ever happens to middle school children left unattended in dark parking lots in this country. So relieved now.

        • SW

          We don't have the facts, folks. Who's to say the kids were even by themselves. We were not there. And btw, it's spelled M-O-R-O-N

          • Charleston

            Suffering succotash! Have you not heard of or watched "Looney Tunes" by Warner Brothers? What a maroon!

  • Sarah

    One of the nastiest divorces in the history of divorces.

  • Salem

    Witch hunt!!!

  • Troy Sexton

    I know how you feel Mr. Plants. I lived the lies too, but the lies weren't from my wife.

    So proud to be an American. Yep. Awesome country we live in. ::rolls eyes::

    • A. Veteran

      Feel free to move to Crimea, Troy. I'll pack your bags.

      • Troy Sexton

        That's not feasible. I'll be living in this overrated Country till the day I die.

        • BR

          BOTH of you STOP it - good Gawd; does EVERY comment thread on an article in this site have to turn indirectly or directly political??
          I promise you both; those kids could care less if EITHER of you move to Mongolia!!
          Let's be honest here - Mark is probably a two-timing bully to anybody that takes him seriously(but he probably really does still loves his kids), and the ex is probably a vengeful cook that wants nothing more than to see him "pay" for his divorce in more ways than one!

          I've seen both types a million times.

          Nothing of consequence to see here, move on folks.

          • Troy Sexton

            The state police and the "system" could care less about those kids, too.

          • BR

            Spell correct wrote "cook" instead of KOOK - but it is kind of funny anyway.