Kent County Family Court Judge Williams Walls has upheld a protection order put in place against Sprint Cup driver Kurt Busch, according to the Wilmington (Del.) News-Journal.
The protection order was requested by ex-girlfriend Patricia Driscoll, who alleged that Busch grabbed her throat and slammed her head three times into the wall of his motorhome Sept. 26 in the infield of Dover International Speedway.
The Delaware Attorney General didn’t pursue criminal charges against Busch, citing a lack of evidence.
The Sprint Cup Series will hold its first race Sunday at Dover since the incident, which occurred during the most recent race weekend.
“At its core, this case involves an incident between Busch and Driscoll. The case shows that two people can remember, and interpret, the same situation in different ways. The parties agree on little,” Walls wrote in his decision. “However, the undisputed portions of the evidence establish that the parties had a tense discussion on September 26, 2014. In the middle of that discussion, Busch moved unnecessarily close to Driscoll, placed his hands on her face and knocked Driscoll’s head against a wall.”
The original decision to institute the protection order was made in February by Commissioner David Jones. The order stipulates that Busch must keep a “practicable” distance from Driscoll at NASCAR events while staying 100 yards from her and her home and workplace.
The decision comes after an ESPN report last week that scrutinized Driscoll’s work with the Armed Forces Foundation.