Brooke Mueller, Charlie Sheen and an Order of Protection

Charlie Sheen and his lawyer sought to amend the order of protection against him so that he can care for his wife Brooke Mueller after her wisdom teeth surgery. We wrote about how Charlie Sheen and his wife Brooke Mueller got into an altercation on Christmas that led her to claim that he put a knife to her throat and threaten to kill her. That led to Charlie Sheen to spend the better part of Christmas Day in a Colorado jail cell after being arrested on domestic violence allegations.

It also led to an order of protection being put in place that prevents the couple from having contact. We also wrote about how the couple wanted to reconcile before this surgery.

However, it is not so easy to amend an order of protection.

Some of the things that an order of protection (which is available in all 50 states and the District of Columbia) can do are:

• Prohibit the abuser from contacting, attacking, striking, telephoning, or disturbing the peace of the victim;
• Force the abuser to move from a residence shared with the victim;
• Order the abuser to stay at least 100 yards away from the victim, his or her place of residence, and place of employment;
• Order the abuser to attend counseling; and
• Prohibit the abuser from purchasing a firearm.

While the NY Daily News reports that Mr. Sheen has currently violated the order of protection by visiting his wife in the ICU, his lawyer claims that "[N]o judge in their right mind would punish someone for checking on the mother of his children." While that may be their theory, anyone who violates an order of protection could be arrested automatically, fined or jailed with a misdemeanor or a felony. Will Charlie get his wish granted? Or will he face more jail time?

Related Resources:

• Charlie Sheen and Wife to Reconcile After Domestic Violence Report  (Findlaw's Celebrity Justice)
• Court Date Set For Actor Charlie Sheen and Wife  (Findlaw's Celebrity Justice)
• Domestic Violence: Orders of Protection and Restraining Orders  (Findlaw's Celebrity Justice)
• Domestic Violence Overview (provided by Law Offices of Bill Baskette)
• Orders of Protection (provided by Oronoz Law Offices - Las Vegas Trial Lawyers)