Delaware court issues protective order against Kurt Busch

Delaware family court ordered NASCAR driver Kurt Busch to stay away from ex-girlfriend Patricia Driscoll Monday, just days before the start of the 2015 Sprint Cup season.

In making his decision Commissioner David Jones said Busch “committed an act or repeated acts of domestic violence against.” The order, which runs though Feb. 16 of next year, follows four days of bizarre testimony in December and January, including Busch testifying Driscoll was a government assassin.

Driscoll broke the news in a since-deleted tweet.

The order requires Busch to stay 100 yards away from Driscoll, with the exception of at NASCAR races where he must maintain a “practicable” distance because of his duties. Busch is not permitted to contact Driscoll. He will also be subject to a mental health evaluation “related to anger control and impulse control by a licensed mental health treatment provider.”

Busch’s attorney, Rusty Hardin, said he plans to file an appeal.

“Though we are not surprised by the Commissioner’s ruling, in light of the restrictions on the evidence he considered, we are deeply disappointed because we believe the evidence of Ms. Driscoll’s total lack of believability was overwhelming,” Hardin said in a statement. “It is important to note that the Commissioner’s ruling is a civil family court matter and totally unconnected to any criminal investigation or finding.

“Regardless of the Commissioner’s finding, we know that Kurt never committed an act of family violence. The evidence was un-contradicted that Ms. Driscoll committed the criminal offense of trespass when she entered his motor home at night, while he was sleeping, uninvited, without permission, and refused to leave when he repeatedly asked her to get out. Mr. Busch’s conduct was totally reasonable and legal under the circumstances. He never intentionally, knowingly, or recklessly caused her any injury.”

Driscoll sought a protective order against Busch after he allegedly smashed her head against the wall in his motor home three times. The alleged incident occurred last Sept. 26 at Dover International Speedway, the site of that weekend’s NASCAR race.

Busch has maintained his innocence throughout the proceedings and that Driscoll entered his motor home without his permission. He testified he cupped Driscoll’s face telling her to leave his motor home, but did not slam Driscoll’s head against the wall. The two had broken up the week before.

A criminal investigation against Busch for alleging assaulting Driscoll is still open. The Attorney General’s office received the case in late December.

Since Driscoll filed a police complaint Nov. 5, NASCAR has said throughout the investigation it would wait to determine Busch’s eligibility. The 2015 NASCAR season begins Sunday at Daytona International Speedway.

Tony Stewart, Busch’s team owner, said last week Stewart-Haas Racing has a contingency plan in place in case Busch is unabe to drive. Following Jones’ order Monday, SHR said in a statement it would wait on the Attorney General’s decision before determining Busch’s status.

“These are serious allegations and we do not take them lightly. We are relying on the authorities in Delaware and their collective experience to identify all the facts. They are the experts in these matters and their decision, specifically the one that will be made by the Attorney General, will determine our course of action.”