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 yesterday, 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 RadarOnline.com, 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 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.