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After wife Brooke Mueller‘s emergency hospitalization yesterday morning, the authorities in Aspen, Colorado, have temporarily eased the protection order against Charlie Sheen that was enforced after their Christmas morning argument that has the actor faces charges of domestic abuse. And OK! has learned that Charlie actually spent the evening in the hospital with his ill wife.

OK! has confirmed that Charlie, who paid Brooke a brief visit after she was admitted to the Intensive Care Unit on Wednesday, returned last night and was still there come Thursday morning.

We spoke to Pitkin County prosecutor Arnold Mordkin to see if this meant the Two and a Half Men star was violating the protection order.

“The judge has modified the existing protective order to allow [Charlie] to see and speak to his wife during her stay in the hospital,” Mordkin explained to OK!. “That is a temporary loosening of the protective order. The judge will hear both parties’ lawyers arguments to modify the order on February 8. It was to be heard in court tomorrow, but Ms. Mueller is in the hospital.”

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