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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