Charlie Sheen’s lawyers have asked the judge overseeing their client’s assault case to modify an order preventing him from communicating with his ill wife while she is in the hospital.

Brooke Mueller underwent emergency surgery on her wisdom teeth earlier this week and was hospitalized when an infection set in. She was admitted on Wednesday, reportedly suffering from a bout of pneumonia.

Sheen has attempted to gain access to his wife in hospital – but he was refused access due to a restraining order stemming from a Christmas Day domestic dispute between the actor and his wife.

Sheen was charged of assault, menacing and criminal mischief, and jailed.

Following his hospital visit, the actor’s legal team asked the judge overseeing the case in Aspen, Colorado to change the rules of the protective order, so that he could tend to his ill wife.

In legal papers obtained by TMZ.com, Sheen’s lawyer, Richard Cummins, told the judge that the actor “is concerned and feels the necessity to assist and care for his wife.”

Following his visit to the hospital, Sheen told awaiting reporters that Mueller is “fine” following treatment in the facility’s intensive care unit and has responded well to antibiotics.

The two are due to appear in court in Colorado on Friday for a hearing about their Christmas Day fight and ongoing restraining order concerns.

Meanwhile, Mueller’s lawyer has confirmed his client is suffering from an infection caused by oral surgery.

Yale Galanter claims the real estate agent developed a fever following surgery.

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