Woman jailed for smoking near children

Feb. 23, 2005 at 1:04 PM

BOWLING GREEN, Va., Feb. 23 (UPI) -- A 44-year-old Virginia woman has been jailed for violating a court order that she not smoke when she is near her children.

Tamara Silvius was found to have violated the smoking ban twice, which led to the imposing of a 10-day jail sentence by Juvenile and Domestic Relations District Judge John Thomas. Silvius, who has appealed the overall ban, could appeal the jail sentence, too, the Fredericksburg (Va.) Free Lance-Star reported Wednesday.

Silvius has said the smoking ban -- part of a custody agreement -- is a violation of her rights.

An attorney for Steven Silvius, Tamara Silvius' ex-husband, said his client doesn't want the woman in jail. Attorney Mark Murphy told the Free Lance-Star: "He wants the children to spend time with their mother. He just wants them to be safe from cigarette and alcohol abuse."

A family law attorney not involved in this case told the newspaper such restrictions are not unusual, but it is unusual to have a parent ignore the ruling.

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