Jon Offredo

Wilmington (Del.) News Journal

WILMINGTON, Del. -- NASCAR driver Kurt Busch is scheduled to appear at Kent County (Del.) Family Court on Tuesday for a hearing related to a protective order filed by his ex-girlfriend.

Last month, Patricia Driscoll alleged that Busch had "smashed" her head three times against a bedroom wall in their motor coach following a September race at Dover International Speedway.

Busch will be present at the courthouse, said Dover attorney James Liguori, who is part of Busch's legal team. Busch has to report to the court at 9 a.m. and will be among 11 other hearings at the court on Tuesday, he said.

A previously scheduled hearing was postponed earlier this month because the Stewart-Haas Racing driver, 36, was out of the country at races in Europe and Barbados.

His ex-girlfriend alleged in court documents that on the night of Sept. 26 Busch was "despondent after performing poorly at a NASCAR qualifying race." He allegedly called her a "psycho" among other slurs, and said he wished he had a gun so that he could kill himself, according to the documents.

He accused her of "having spies everywhere and having a camera on the bus to watch him," according to the documents. He then suddenly jumped up and grabbed her face and smashed her head three times against the wall next to their bed, according to the documents.

Dover police are investigating the allegations, said police spokesman Cpl. Mark Hoffman. Last month, Busch met with police to give his side of the story.

"At this point, the evidence, witness statements, etc. are being reviewed on the criminal investigation," Hoffman said in a Monday email.

The investigation has been particularly difficult because of the delayed reporting of the incident and the frequent travel related to some of the witnesses, Hoffman said.

In the protection order filed last month, Driscoll asked a judge to order the driver to stay away from her and not contact her. She is also asking for Busch -- the 2004 NASCAR Sprint Cup champion -- to undergo a psychiatric evaluation and be evaluated by a certified domestic violence treatment agency, according to the court filings.

Driscoll heads the national charity, the Armed Forces Foundation. According to the organization's website, Busch served as a spokesman and ambassador for the foundation, adding he is "intimately involved with the AFF's efforts and dedicates each race during the season to a service member that has been killed in action or suffers from an invisible wound of war, including PTSD."

The AFF has severed ties with Busch.

Last month, in a letter sent to NASCAR president Mike Helton and SHR co-owners Tony Stewart and Gene Haas, Congresswoman Jackie Speier (D-San Francisco) called on NASCAR to bench Busch for the Nov. 16 Cup season finale at Homestead-Miami Speedway and to suspend drivers in all domestic violence cases until "criminal proceedings end or there is a clear lack of evidence."

The letter also notes Busch's history of "anger management issues," leading to his departure from Team Penske in 2011 and a one-race suspension for berating a reporter in June 2012.

NASCAR chairman Brian France said Nov. 14 no disciplinary action would be taken against Busch while police investigate the matter.

Busch finished 11th at Homestead and 12th in the final 2014 Sprint Cup Series standings.

Last year, Travis Kvapil was allowed to race in October 2013 after being arrested on misdemeanor charges of assault and false imprisonment from a domestic dispute with his wife.

Speier's letter accused NASCAR of being equally passive with its treatment of Kvapil.

France indicated no changes in NASCAR policy were forthcoming but expressed sensitivity to the "rightful, heightened awareness on domestic abuse and violence."

The spotlight has been on the topic lately in other major sports.

The NFL and Commissioner Roger Goodell toughened the league's domestic abuse policy after video surfaced of former Baltimore Ravens running back Ray Rice striking his then-fiancee (now his wife).

Leaders from MLB and the NHL also have publicly addressed their league's policies in the wake of the Rice case, among others.

"You can expect our policies to reflect the understandable awareness that that's not going to be tolerated," France said without outlining a specific policy. "The past of how any league might have handled some of this is one thing. It's pretty clear when you see what's happening around the country and in some of the other leagues that our policy will reflect the significance and importance that it should."

Contributing: Nate Ryan