Two And A Half Men star Charlie Sheen will more than likely not appear in person at a hearing to decide whether his wife Brooke Mueller's temporary restraining order against him can be amended so that the couple can resume contact, RadarOnline.com has exclusively learned.
Sheen's attorney Richard Cummins filed a motion on January 5 to allow his client to testify via phone on January 5, and the motion was not opposed by District Attorney Arnold Moldkin.
"I don't care - she's (Mueller) not going to oppose it," Moldkin said.
Ultimately, it will be up to the judge to decide if Sheen can phone in, rather than personally be in the courtroom.
At this time, there's no date set for the hearing on the matter of the TRO (temporary restraining order), but it's expected that the hearing will take place prior to Sheen's arraignment on Monday, February 8 during which he is expected to enter a plea to charges connected with the incident.
While all parties agree Sheen cannot harass, molest, or intimidate Mueller and that he must abstain from alcohol and/or illegal drugs and not carry firearms, Mueller wants the TRO amended so that she and Sheen can contact one another and resume living together.
The couple is desperately trying to repair their shattered marriage after Sheen was arrested in Aspen, Colorado, after he allegedly threatened Mueller with a knife onr Christmas day.
Mueller hired celebrity lawyer Yale Gallanter to represent her following the fight that sent shockwaves through Hollywood.
Publicly, lawyers are saying the couple wants to work on the marriage, but privately, as RadarOnline.com was first to report, Mueller has already met with a divorce attorney and wants a better prenuptial deal.