Kurt Busch’s attorney files motion to reopen protective order hearing

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Kurt Busch’s attorney has filed a motion in Delaware court to reopen the hearing on the protective order issued against Busch on Monday.

In a statement, attorney Rusty Hardin cited witnesses who “have come forward and provided information that contradict (ex-girlfiend Patricia Driscoll’s) version of events after the split, before the alleged assault and immediately following the incident.’’

A judge granted Driscoll, a protective order that also required Busch to be evaluated “for mental health problems related to anger control and impulse control.’’

Driscoll sought the order after alleging that Busch smashed her head three times against a wall in his motorhome last September at Dover International Speedway. Busch denied the allegation.

Dover Police investigated Driscoll’s allegation and sent its findings to the state Attorney General’s office in December. The Attorney General’s office has not announced if it will seek charges against Busch.

Hardin issued a statement Thursday about filing the motion and a request to the Attorney General’s office:

“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.’’