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Kurt Busch appeals protective order ruling

Kurt Busch is seeking to reverse a protective order issued against him by a Delaware court on Monday.

Peter Casey-USA TODAY Sports

The attorneys for Kurt Busch have filed a motion in Kent County (Del.) Family Court to re-open the case that resulted in an order prohibiting Busch from contacting his ex-girlfriend.

A commissioner issued the order Monday after hearing four days of testimony, including allegations Busch assaulted his ex-girlfriend, Patricia Driscoll in an incident occurring September 26 inside Busch’s motor home at Dover International Speedway.

In an appeal filed Thursday, Busch’s attorney, Rusty Hardin, claims new witnesses have come forward refuting Driscoll’s testimony and that she perjured herself. Hardin is petitioning the attorney general to open a witness-tampering investigation against Driscoll.

Hardin also contends that Driscoll, who has conducted numerous media interviews since Monday’s ruling, is a jilted ex-girlfriend determined to destroy Busch’s “reputation and career” in the days leading up to the Daytona 500, NASCAR’s biggest race.

“Mr. Busch is scheduled to drive in the most important NASCAR race of the year is further evidence that this is not about domestic violence, but instead about ruining the career and reputation of the man who left her,” Hardin said. “We are also asking the Attorney General’s Office to open an investigation of Ms. Driscoll to determine whether or not she has violated the Delaware criminal code offense of tampering with a witness through her repeated attempts to harass and intimidate witnesses who she fears will come forward with evidence that will totally undermine her credibility.”

A separate criminal investigation pertaining to Driscoll’s allegations of abuse is still open. Dover police handed the case to the Attorney General’s office in late December.

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