TONASKET Former Tonasket High School librarian Elizabeth A. Kinkade may have spent the night in the Okanogan County Jail in Okanogan, but she won't be facing a new charge.
Okanogan County District Court Judge Charles Short dismissed the violation of a no-contact order charge against her Monday after hearing form both defense and prosecuting attorneys.
The no-contact order stems from a case against the 38-year-old woman in which she admitting having sex with a male student while she was employed by the school. State law prohibits school employees from having intimate relations with students, regardless of age.
"The court will dismiss with prejudice, meaning this cannot be brought again," Short said.
Kinkade was arrested early Sunday morning following a domestic altercation with her husband, Mark Kinkade, court records show. Authorities arrested Mark Kinkade for fouth-degree assault-domestic violence.
Both spent the day in the county jail in Okanogan, in separate cell blocks, until appearing in court Monday morning.
Mark Kinkade, 43, is accused of threatening his wife with a knife and choking her late Saturday night at their 3156 U.S. Highway 97 home.
Elizabeth Kinkade told the judge she didn't want a no-contact order issued against her husband. But Judge Short ordered one anyway because of the "nature of the allegations."
The judge did agree to release Mark Kinkade on his own recognizance, but warned him to avoid alcohol and weapons, and told him to stay at least 1,000 feet away from his wife.
Since the Kinkades have two daughters, the judge allowed for a third-party intermediary so Mark Kinkade could have time with his children.
The judge also allowed a one-time civil standby at the couple's home so Mark Kinkade could gather and move his belongings.
A status hearing was scheduled for 9 a.m. Dec. 9 for Mark Kinkade.
Meanwhile, Elizabeth Kinkade's attorney was planning to meet with prosecuting attorneys today to ensure the no-contact order between the former librarian and student was quashed.
Editor's note: This story is an update from the coverage that will appear in this week's print edition of The Omak-Okanogan County Chronicle. Due to the post office closure in observance of Veterans Day, our publication went to press before the Kinkades' hearing Monday.