Brooke Mueller's attempt to get a restraining order against Charlie Sheen has failed.

The socialite's emergency bid to prevent her ex-husband - with whom she has four-year-old twins Bob and Max - from going anywhere near her was allegedly refused today (04.11.13), with a Los Angeles Superior Court setting a hearing for next month instead.

Brooke and the 'Anger Management' star have been locked in a bitter custody battle since her release from rehab this autumn, with Charlie branding the 36-year-old blonde an ''evil and pathetic uber loser'' over Twitter.

According to, Brooke's legal petition read: ''I have reached out repeatedly to Charlie Sheen seeking that we find peace for the sake of our children over the past seven month only to be told, 'lose my number d****e bag.' Petitioner is seriously upset that I am in recovery and have successfully maintained my sobriety.

''I am doing so for our children and myself. I love our children more than anyone can imagine. I am fighting for them every day. I do not want them to have two severely drug addicted parents.

''Charlie Sheen is furious that I am doing so well, he had hoped I would relapse in order to continue his long sought quest to have all his children under one roof with his former wife.''

The warring stars' issues came to a head on Friday (01.11.13) when Charlie blasted Brooke's parenting skills online and ranted about the ''inept'' Los Angeles County Department of Children and Family Services (DCFS), promising that a ''reckoning'' was coming.

Subsequently, actress Denise Richards - who has temporary custody of the twins - was reportedly informed by the DCFS that she wasn't allowed to take the boys over to Charlie's house for a visit.