Charlie Sheen has appeared to break a strict gagging order banning him from talking about ex wife Brooke Mueller publicly after a judge awarded custody to her brother.

The Two And A half Men star branded the judge an "anus brain" and his ex wife a "Adderall snorting husk" after Brooke's brother Scott was awarded temporary custody of twins Bob and Max.

Because the judge also allowed Scott and the kids to live with Brooke so they could be close to school, the 48-year-old actor claims his ex effectively has custody of 4-year-old twins Bob and Max.

Earlier this week TMZ reported an LA judge reinstated a gagging order, banning him from talking about the case - after he Two And A Half Men actor tweeted Brooke a picture of a cake with a grenade in it.

Ironically it was a tweet about Brooke losing her battle to keep her ex husband away from her.

Charlie tweeted: ""So lemme see if I got this straight ... my twin boys are now in harm's way and in grave danger, being 'raised' by a gaggle of incompetent and lascivious marionettes all ruled and fooled by an Adderall snorting husk called Brooke.

"And guess what CPS and 'I'm Italian' judge anus-brain, you may have gagged me temporarily, but mark my unspoken words, anything happens to my boys, and you will get to know me, know who I truly am, a loving father."

Despite being warned he faced jail if he broke the order, Sheen defiantly wrote: "If this means being jailed for loving and trying to protect my children, then go for it."

He added: "I have as many friends on the inside as I do out here. My passion WILL NOT be silenced. You are all now standing in my way. I'd recommend a shift in your geography."

It is believed Mueller, who struggled with susbstance abuse in the past, begged a judge for custody after current carer Denise Richards "turned her boys against her". It was eventually granted after she put her brother Scott forward to look after the boys.

Radar reports Richards who has two daughters with Sheen, wrote a letter to the court detailing alleged behavioural problems and mood swings of her 4-year-old twins Bob and Max.

Since splitting the pair have become embroiled in a bitter custody battle over their 4-year-old twins Bob and Max. Sheen has repeatedly accused his ex, who has struggled with substance abuse, of putting the children in danger.