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EXCLUSIVE: Charlie Sheen & Wife Head To Aspen - Separately

Jan. 19 2010, Published 9:39 a.m. ET

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Brooke Mueller is on her way back to Aspen and her husband Charlie Sheen isn't far behind.

Mueller is returning to Colorado on Tuesday after spending approximately a week in Los Angeles and Sheen is scheduled to be in court Wednesday. His lawyers will ask a judge to lift a restraining order that keeps him away from his wife.

They are taking separate planes.

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Mueller returned to the couple's home in Los Angeles and Sheen moved out to comply with the terms of the protective order, as RadarOnline.com reported exclusively. A judge put the order in place after the Two and a Half Men star was arrested on Christmas day on suspicion of domestic violence. Muller called 911 and told police Sheen choked her and held a knife to her throat and threatened her.

Her lawyer called it one bad night.

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But in reality it's been one bad night after another for Sheen and Mueller and the actor went berserk after she threatened to divorce him. Now Mueller realizes if Sheen ends up in prison she will be cut off from their celebrity lifestyle and left with a prenup that is not generous. And Sheen wants to stay married now because he knows Mueller's testimony could put him behind bars.

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So she's now trying to back away from what she told police on Christmas, without being accused of filing a false report to police. Helping her walk that line is her attorney Yale Galanter, who wasn't quite successful with his most high profile client, O.J. Simpson.

Both Mueller and Sheen had been boozing when cops arrived at their Aspen house at 8:34 a.m. on December 25.

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Sheen, who has been through rehab twice, has not addressed his relapse. Mueller, as reported exclusively by RadarOnline.com, was in rehab for crack in the early 2000s.

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