Busch's lawyer Rusty Hardin vows to appeal
The Delaware News Journal is reporting that Kurt Busch’s former girlfriend, Patricia Driscoll, was granted a protective order from Kent County Family Court.
Driscoll first tweeted that the order was issued earlier Monday:
Driscoll alleges that Busch assaulted her during Dover race weekend in September after the couple was already estranged. She did not report the allegations until six weeks later.
The Dover Police Department finished the investigation of Driscoll’s allegations in December. The findings were forwarded to the state Attorney General, which has yet to decide whether sufficient evidence exists to file criminal charges.
Plans to 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,” said Busch’s lawyer Rusty Hardin in an email to Motorsport.com.
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.
“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.
“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.”
According to the News Journal’s Jon Offredo, who posted the protective order online, Busch cannot come within 100 yards of Driscoll’s home, work place or person and must be “evaluated for mental health problems related to anger control and impulse control by a license mental health treatment provider." The report added “supplemental details and the opinion supporting Commissioner David Jones's order would be released Friday."
As for Busch's status with Stewart-Haas Racing, executive vice president Joe Custer said in a statement," 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."
"NASCAR has been closely following the civil proceedings in Kent County (Del.) Family Court regarding driver Kurt Busch and therefore is aware of the court order issued today. We now await the full findings of the Commissioner and any actions by the Attorney General of Delaware related to the allegations against Busch."
“As we stated earlier, NASCAR fully recognizes the serious nature of this specific situation and the broader issue of domestic violence. We will continue to gather information and monitor this situation very closely, and we expect our members to conduct themselves properly.”