Advertisement

Judge grants Patricia Driscoll a protective order against Kurt Busch

Jay Busbee
· Senior writer
FILE - In this May 22, 2014, file photo, Kurt Busch, left, walks with Patricia Driscoll before qualifying for a NASCAR Sprint Cup series auto race at Charlotte Motor Speedway in Concord, N.C. The police investigation into allegations that NASCAR driver Kurt Busch assaulted his ex-girlfriend has been finished and forwarded to Delaware state prosecutors to decide whether charges will be filed. Cpl. Mark Hoffman with the Dover Police Department said Tuesday, Jan. 6, 2015, that the agency's investigation into the allegations was finished, but he declined to say whether investigators were recommending that Busch be charged. (AP Photo/Terry Renna)

A Delaware judge has granted Patricia Driscoll a protective order against Kurt Busch, and has also ordered that Busch undergo counseling.

Busch must maintain a "practicable" distance away from his ex-girlfriend, and may make no effort to contact her. He must maintain a distance of 100 yards away from Driscoll except in events at NASCAR tracks and other locations where such distance would be impossible to maintain.

He must also be evaluated “for mental health problems related to anger control and impulse control,’’ according to Family Court Commissioner David Jones. Busch is also not permitted to purchase or possess firearms.

Driscoll had filed for the protective order in November after a dispute in Busch's motorhome at Dover. Driscoll also filed a criminal complaint with Delaware police, and that issue remains outstanding. The Delaware attorney general's office has not yet decided whether to prosecute Busch for alleged assault. The case drew national attention after Busch said that Driscoll claimed to be a trained assassin.

Busch's attorney, Rusty Hardin, offered a statement in the wake of the judge's announcement:

“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.  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.

“We intend to appeal the Commissioner’s ruling and will seek to persuade the family court judge hearing the appeal to consider new and previously unknown evidence from various people that have come forward since the conclusion of the hearing before the Commissioner.  We have provided this additional evidence challenging Ms. Driscoll’s testimony and credibility to the Attorney General’s office for their criminal investigation, and we hope to persuade the family court judge to consider the same evidence.

“Ms. Driscoll clearly committed perjury during her testimony before the Commissioner, and we deeply regret  that Ms. Driscoll has been allowed to abuse the justice system in such a flagrant way.”

____
Jay Busbee is a writer for Yahoo Sports. Contact him at jay.busbee@yahoo.com or find him on Twitter.

And keep up with Jay over on Facebook, too.