Judge denies motion to reopen Kurt Busch protective order case

A Kent County (Del.) Family Court commissioner denied a motion by Kurt Busch‘s attorneys to reopen a protective order hearing Tuesday.

Busch’s legal team was seeking a new hearing as additional witnesses and evidence emerged contradicting the testimony of Patricia Driscoll, Busch’s ex-girlfriend, who alleges he assaulted her in his motor home last September. Commissioner David Jones, who also issued the initial order Feb. 16, declined saying the new evidence wasn’t substantial enough to reopen the no-contact order.

“The court finds that the witnesses’ statements add little, if any, evidentiary value regarding that issue to the respondent’s trial testimony,” Jones wrote in the ruling.

In granting Driscoll a protection order last month, Jones determined Busch committed an act of domestic violence when he placed his left hand on Driscoll’s throat while using his right hand to grab her face and smash her head three times against a bedroom wall. The incident occurred at Dover International Speedway, the location of that weekend’s NASCAR race. Busch and Driscoll had broken up the week prior.

Busch has repeatedly denied wrongdoing and called Driscoll’s account of events a “fabrication.” The Delaware attorney general’s office declined to criminally charge Busch on March 5, citing a lack of evidence.

Following Jones’ initial ruling Busch was indefinitely suspended by NASCAR. The suspension was lifted March 11 after Busch agreed to meet NASCAR’s terms for reinstatement.

While suspended, Busch missed three races including the Daytona 500. Stewart-Haas Racing named Regan Smith to fill-in during Busch’s absence. In his first race back, Busch finished fifth Sunday at Phoenix International Raceway.

Because Jones declined to reopen the case, Busch can now proceed with an appeal of the ruling as planned. In court testimony and public comments, Busch’s attorney’s have portrayed Driscoll as a scorned lover set on destroying his career.

“I have my attorneys handling the pending appeals,” Busch said. “I’ll leave that to them.”

Driscoll said in a statement Tuesday she supported Jones’ decision to not reopen the case.

“The protection from abuse order gave me a sense of safety, and I’m greatly relieved that the court reaffirmed my account and upheld it,” Driscoll said.