Court orders Kurt Busch to stay away from ex-girlfriend

Jon Offredo, Jeff Gluck and Brant James | USA TODAY Sports

DOVER, Del. -- A Kent County Family Court judge has ordered NASCAR's Kurt Busch to stay away from his ex-girlfriend, Patricia Driscoll.

The order from the family court was issued Monday and supplemental details and the opinion supporting Commissioner David Jones's order will be released Friday.

That is two days before the Stewart-Haas Racing driver is scheduled to compete in NASCAR's season opening race, the Daytona 500.

The results of the investigation into the domestic abuse allegations made by Driscoll have not been released yet. That investigation was completed before Christmas and the findings turned over to the Attorney General's office.

"We are pleased that the court ruled in our favor. 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," Carolyn McNeice wrote in an email.

Rusty Hardin, Kurt Busch's lead attorney, said they would appeal the order.

NASCAR said in a statement Monday afternoon it would not take any action against the driver based on the protection order.

The statement reads:

"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."

SHR 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."

Jones states in the order that Busch must stay 100 yards away from Driscoll's residence and workplace. He also must maintain "practicable" distance from Drisoll at NASCAR events. Driscoll is the head of the Armed Forces Foundation and often is at tracks for events involving veterans.

Jones also says Busch must be evaluated for mental health issues related to anger and impulse control and it may be unlawful for him to purchase or possess firearms.

The order will be in effect for a year.

Busch's camp can file for a review of the order within 30 days of the supplemental disposition being mailed.

The decision concludes a long, drawn-out no-contact order hearing between Busch and Driscoll. Driscoll alleges the driver grabbed her throat and smashed her head three times against the wall during a September race weekend in Dover. Typically protection from abuse hearings are a half-day long, if that. In this case the hearing lasted four days long, stretched over two months.

Busch's legal camp has long denied Driscoll's allegations and instead claimed she was a jilted ex-lover who was determined to ruin the driver's career. On the stand Busch contended that he never slammed her head, never grabbed her by the throat or pushed her head against the wall. Instead, he says he cupped her face and told her to leave

A Dover police detective testified that Busch had told him the same thing, but also that Driscoll's head tapped the wall as he cupped her face.

According to the protective order filing from late November, Driscoll requested that Busch stay away from her and not contact her. She also asked for Busch to undergo a psychiatric evaluation and be assessed by a certified domestic violence treatment agency.

Driscoll tweeted Monday afternoon: "From my lawyer: GOT IT!!! Order for finding of Abuse entered today Opinion with supplemental findings to be available on Friday #ThankYouGod"

The tweet was later deleted.

Driscoll filed a domestic assault claim Nov. 5 against the 2004 Cup champion.

Driscoll testified in the protective order hearing that Busch had slammed her head three times against the wall of his motor home on Sept. 26 after she visited him at Dover International Speedway.

Busch, who testified he was emotional after watching the movie Seven Years in Tibet nude in his coach when Driscoll and her then-9-year-old son arrived unannounced, denied the claims in testimony Jan. 13. Busch says he cupped Driscoll's head in his hands and asked her to leave.

Busch attempted to further refute her claims by calling Driscoll, a partner in a defense contracting firm, is a "bad ass" and a trained assassin who could have overpowered him at will.

Driscoll claims she visited Busch out of concern for his mental state after their breakup and a poor race performance. Busch attorney Rusty Hardin attempted in hearings to portray Driscoll as a scorned ex-lover intent on destroying Busch's reputation. Busch claims Driscoll demanded he tell her son, with whom he had become close and often referred to as his stepson, why their relationship ended.​

On NASCAR media day Feb. 12, which kicks off SpeedWeeks in Daytona, Fla., Busch again reiterated he was confident the case would be decided in his favor.

Teammate and SHR co-owner Tony Stewart also said that day a plan was in place in case Busch was unable to drive the No. 41 Chevrolet, but he would not expand on what that plan was.

"We all have to be patient," Busch said. "We all have to understand that there's a process we have to respect and the fact that no announcement has come out, each day that goes by, it continues to be good news."

Meanwhile, Busch seems to be moving on. He was spotted with new girlfriend Ashley Van Metre at Daytona International Speedway over the weekend, first reported by the Associated Press.

Van Metre, smiling, posed for photographs with Busch before Saturday night's Sprint Unlimited. When Busch was knocked out of the race in an accident, she waited outside the infield medical center to meet him. Busch was not hurt.

Van Metre also was on the grid for Sunday's Daytona 500 pole qualifying.

Jon Offredo writes for the Wilmington (Del.) News Journal, a property of Gannett.