A ruling was made on Kurt Busch's appeal on Thursday.
A Kent County Family Court Judge has decided to uphold the order of protection against NASCAR driver Kurt Busch, obtained by his ex-girlfriend Patricia Driscoll in February.
Thursday, Judge William Walls Jr. upheld the previous decision by family court Commissioner David Jones that Busch committed an act of domestic violence against Driscoll. The Delaware Department of Justice never pressed charges against him due to lack of evidence.
"The Court finds that the preponderance of the evidence in the Commissioner's record warrants the entry of a protective order," said Judge Walls. "By his own testimony, Busch intentionally chose to confront Driscoll in a cramped space between his bed and a wall when Busch could have easily entered his bed from the opposite side and avoided any confrontation.
"Busch acknowledged that he then placed his hands on Driscoll's face and that his actions caused Driscoll's head to hit the wall behind her head. Even ignoring any evidence Busch strangled Driscoll, and accepting the bulk of Busch's testimony, Busch's actions constituted an act of abuse."
The protective order requires Busch to stay at least 100 yards away from Driscoll and to have no form of contact with her.
Busch was suspended by NASCAR for the first three races of the 2015 season due to the allegations, but has since been reinstated and will have a shot at the championship after winning at Richmond.