NSCS: Kurt Busch’s Lawyer Files Motion to Reopen Protective Order Hearing

On Thursday, Kurt Busch’s lawyers filed a motion in Kent Co. (Del.) Family Court on Thursday to reopen the protective order hearing with Patricia Driscoll based on new evidence. They have also asked the Delaware Attorney General’s office to open an investigation of Driscoll for witness tampering.

The full statement from Rusty Hardin, Kurt Busch’s attorney in full:

“Today, Kurt Busch’s legal team filed a motion in the Delaware family court to reopen the hearings on the court ruling imposed against Mr. Busch on Monday. As Ms. Driscoll’s contentions became ever more public, independent witnesses, who are close personal acquaintances of Ms. Driscoll’s, have come forward and provided information that contradict her version of events after the split, before the alleged assault and immediately following the incident.

“All the witnesses confirm Mr. Busch’s testimony that Ms. Driscoll presented herself to close friends and acquaintances as a covert agent involved in deadly conduct on behalf of the government. One witness was threatened not to talk; and another finds Ms. Driscoll’s story completely incredulous based on his knowledge of the parties involved.

“Ms. Driscoll’s frantic media onslaught of the last 48 hours at a time 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. 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.

“We fervently hope that the Commissioner will delay his issuing findings in support of his order until we are given an opportunity to present sworn testimony from these newly available witnesses, which we know will support findings of perjury and lack of merit to her allegations.’’

Earlier this week, a Kent County Family Court Judge announced today that Patricia Driscoll was granted her order for Kurt Busch to stay away from her. The order was set to be good until 2016.

According to the court order issued by Commissioner David Jones, Busch must stay 100 yards away from Driscoll, her home and workplace. He also is not allowed to phone her, e-mail her, or have any communication by any means. Though when it comes to NASCAR races where they both will be, he has to “maintain the maximum “practicable” distance from her and not attempt to contact her”. Busch will also have to be evaluated for mental health problems related to anger and impulse control; he also isn’t allowed to purchase or possess any firearms or ammunition.

Carolyn McNeice, Driscoll’s attorney, said on Monday that she and her client were pleased with the decision.

“Ms. Driscoll can now know that she will not receive any unwanted communications from Mr. Busch and feel that she is safe after nearly 5 months,” McNeice wrote in an email to the USA Today. 

Driscoll is scheduled to appear on FOX and Friends tomorrow to discuss getting the restraining order.

The decision comes as a result of a hearing between the pair where she accused Busch of domestic assault, saying that he grabbed her by the throat and smashed her head against the wall three times in his motorcoach in September at Dover. She reported the incident to the police in November. The police have completed their investigation, with the Attorney General set to decide whether criminal charges should be pressed against Busch.

Busch’s legal camp denied the allegations, claiming that she was just trying to ruin his career. Busch said on the stand that he never slammed her head nor grabbed her by the throat. Instead, he said he “cupped her face” and told her to leave.

The hearing, drawn out for over two months, included claims from Busch that Driscoll was a trained assassin that killed drug lords. Driscoll denied the claim, though. She is the president of the Armed Forces Foundation, which works with soldiers when they come back overseas. She also owns her own defense contracting firm.