Mueller flew back to L.A. with the couple's twin sons from her rental house in Aspen, Colo. where the fight occurred, her lawyer Yale Galanter tells PEOPLE. Sheen, meanwhile, remains in Los Angeles where he's at work on his hit show.
"Brooke has personal matters and places to take the twins in Los Angeles, so she went home for a few days," says Galanter. "Charlie is staying with a friend for the time she is there."
Sheen, 44, was arrested Dec. 25 after Mueller called 911 saying the actor threatened her. A judge issued a temporary restraining order against Sheen.
Mueller, 32, maintained that she wants to see her husband again. Her attorney filed a motion to try to get the order's no-contact clause thrown out.
Mueller and Sheen will return to Colorado for the Jan 20 hearing, her lawyer said.
"Brooke still has her house in Aspen and will be back next week," Galanter tells PEOPLE. "So will Charlie. But not together."
RadarOnline.com first reported the news of Mueller's return to L.A.
With reporting from LINDA MARX