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Brooke Mueller's TRO Against Charlie Sheen Denied

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By Betty Wang, JD on November 06, 2013 2:46 PM

A nasty tweet was issued from ex-husband Charlie Sheen after Brooke Mueller's attempt to secure a temporary restraining order (TRO) against him had been denied. Mueller's petition was denied by a judge on Monday, E! News reports.

"happy Bday Brooke when you're done sucking off the parking lot at Home Depot why don't ya 'blow' out this candle. c," Sheen tweeted, alongside a photo of a cake with a plastic grenade stuck on top.

What did the TRO ask for, and why would it be denied?

An Unsuccessful TRO

Mueller had unsuccessfully petitioned the court to order Sheen to stay at least 100 yards away from her and to allow her to record his communications.

Additionally, according to E!, she made claims that Sheen was "out of control, and [she was] very scared for [her] life." She further alleged that he showed a "reckless disregard" for the Department of Child and Family Services gag order that was meant to prevent them from smearing each other in public.

TRO Requirements

Why would the judge deny a TRO? While reports don't indicate why the court denied Mueller's TRO, the general test for a TRO involves the following factors:

  • Immediate injury. Because TROs have very few requirements and often don't require the other party's participation, the harm or damage must appear to be immediate.
  • No notice is reasonable. TROs are extraordinary measures that don't require notice to the other party. Therefore, it must be apparent, usually in writing by the applicant's attorney, that efforts to give notice are not required for whatever reason.

In this case, the judge may have determined that the likelihood of Mueller's injury was not as imminent enough for a TRO. A future hearing in the case is set for December 4.

In the meantime, however, Mueller can still attempt to get a permanent restraining order, since TROs usually only last until an injunctive hearing involving both parties can be held. Permanent restraining orders, however, have their own specific set of requirements.

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