Brooke Mueller Rushed to Intensive Care

01/20/2010 at 02:00 PM EST

Brooke Mueller Rushed to Intensive Care
Brooke Mueller
Tony DiMaio/IPHOTO
Brooke Mueller was rushed to the intensive care unit of a Los Angeles hospital in the middle of the night Tuesday with a 105-degree fever resulting from her impacted wisdom-tooth surgery and infection earlier in the week.

"Brooke is in the hospital ICU related to the surgery for her impacted wisdom tooth," her lawyer Yale Galanter tells PEOPLE. "They are trying to get the infection and fever under control. The infection has spread."

Mueller, 32, and husband Charlie Sheen, 44, are due to attend a hearing in the Aspen court, where she is seeking to modify the protective order put into place after Sheen's domestic-violence arrest on Christmas day.

Sheen, whose interaction with Mueller is limited by the constraints of the protective order, was nonetheless seen visiting Mueller in the ICU, reports

"Mueller wants to be able to communicate with her husband and hopes they can go back together as a family with their 9-month-old twins, Bob and Max," Galanter tells PEOPLE.

The hearing has been postponed several times due to the judge's schedule and now Mueller's illness.

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