Jeff Gluck

USA TODAY Sports

AVONDALE, Ariz. — Kurt Busch's ex-girlfriend waited nearly six weeks to file a domestic assault claim with police because she was locked in a custody battle over her son, the attorney for Patricia Driscoll said Saturday.

Mark Dycio told USA TODAY Sports that Driscoll did not immediately go to Dover (Del.) police after the alleged assault occurred on the advice of counsel. She's currently involved in a fight for custody over son Houston with her ex-husband.

"Part of that case is premised off the fact Ms. Driscoll, Mr. Busch and the child spent so much time together," Dycio said. "The father was concerned young Houston was being referred to in the paper by Mr. Busch as his stepson, his surrogate son, as Kurt Jr. Any allegations involving Mr. Busch would have had a material effect on that custody case.

"As any parent will tell you, their child is their primary concern. So legally, it took some time to work through the process of how Mr. Busch's situation with Ms. Driscoll would affect that custody case. It was only until that was resolved to a certain degree of satisfaction that we were able to pursue the second avenue."

According the Associated Press, court documents filed Wednesday by Driscoll allege Busch verbally and physically abused Driscoll, smashing her head against a wall three times.

Busch's attorney, Rusty Hardin, told USA TODAY Sports his client denies the allegations and is cooperating with police.

"When the investigation is over, everyone will realize this is a fabrication and an event that did not happen," he said. "Past that, I don't want to say any more than that and instead leave the police to reach their own conclusions."

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Hardin said as a prosecutor for more than 15 years, it irritated him when lawyers involved in an investigation "kept trying to spin the case to the media."

"We do not intend to be responding tit-for-tat to anything that is being said by this lady," he said. "We intend to cooperate fully with the police and let them conduct the kind of investigation they want to without us constantly giving our side to the media."

In the court filing, Driscoll requests that Busch stay away from her and her son, and that he be evaluated by a psychiatrist and a certified domestic violence treatment agency.

Dycio said Saturday that Driscoll "encouraged (Busch) very strongly" to seek treatment to address anger issues. He called Driscoll's "strong, longstanding desire" for Busch to seek help in order to deal with outbursts.

After the custody situation was stabilized, Driscoll then went to the Dover police and provided them with text messages, photographs and people with knowledge of the situation to support her claims, Dycio said.

Dycio also said there was no financial incentive on the part of Driscoll, who heads the Armed Forces Foundation.

"No monetary demands have been made," he said. "Ms. Driscoll is very successful in her own right. She's a defense contractor in Washington. Her foundation does numerous great events and supports both men and women. So this isn't a case of some young kid trying to come in and squeeze a dollar."​

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