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Kurt Busch’s Lawyer Files Motion to Reopen Protective Order

Kurt Busch‘s legal woes stretch on, but this time, it’s via his attorney, who’s appealing a protective order that says he must stay away from ex-girlfriend Patricia Driscoll.

NBC Sports’ Dustin Long reports that Rusty Hardin, Busch’s attorney, officially filed a motion on Thursday (Feb. 19) to have the protective order reopened.  The reasoning for the move?  Hardin has additional witnesses who have cast doubt on Driscoll’s story.

Back on Monday, Busch was officially served with a protective order that requires him to stay at least 100 yards away from ex-girlfriend Patricia Driscoll, her home and her workplace.  The sole exception to that rule is if business interests require Busch to be within 100 yards of Driscoll at a NASCAR event.  In that case, he must make no attempt to contact her and must keep a “maximum practical distance.”

The order stems from allegations made by Driscoll that Busch slammed her head against the wall of his motorcoach at Dover International Speedway last September.

At the time of the announcement, Hardin pledged to appeal the ruling.  In a public statement that can be seen here, Hardin accused Driscoll of perjuring herself on the stand and criminal trespassing.

“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,” Hardin wrote in his second public statement of the week regarding the Busch case.  “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.”

In his statement, Hardin also indicated that he plans to ask the Attorney General’s office to open a witness tampering investigation against Driscoll.

As Hardin noted in his statement, Driscoll is not staying silent.  Earlier this week, she was interviewed by Michael Strahan for ABC’s Good Morning America about the situation.  She also recently made an appearance on FOX News Channel’s FOX and Friends that will air Friday morning to talk about her ordeal.  According to Examiner.com’s Greg Engle, Driscoll will reference a number of accusations of abuse by NASCAR team members against women during her appearance.

Regardless of Hardin’s filing, Friday was already scheduled to be a notable day in the ongoing Busch case.  The findings in favor of the protective order issuance are supposed to be released Friday by the Kent County Commissioner.

All of the dealings having to do with the protective order are still completely separate from any potential criminal charges that could be filed against Busch.  The Attorney General’s office has still not indicated whether or not it intends to charge Busch with any crimes stemming from the incident in September.

About the author

Phil Allaway has three primary roles at Frontstretch. He's the manager of the site's FREE e-mail newsletter that publishes Monday-Friday and occasionally on weekends. He keeps TV broadcasters honest with weekly editions of Couch Potato Tuesday and serves as the site's Sports Car racing editor.

Outside of Frontstretch, Phil is the press officer for Lebanon Valley Speedway in West Lebanon, N.Y. He covers all the action on the high-banked dirt track from regular DIRTcar Modified racing to occasional visits from touring series such as the Super DIRTcar Series.

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This is an ugly situation on so many levels, that you would hope it would go away. And as one who’s fortunately had little experience with the legal system it seems unnecessary. Why not just accept the ruling and go away? People would forget fairly quickly I would think. But to continue to stir it up?


I’ve read that the judge ruled that she gave false testimony. And yet still ruled in her favor? There’s seriously funny business going on here.

Go watch that interview with Strahan and notice that she never answered the question about her government status.

Yes, Kurt is an ass, but there’s more to this girl than meets the eye.

Tom B

As I understand it, KB was sitting in his motor coach relaxing when PD and her son entered uninvited and got all up in KB’s face. At what point can you defend yourself against trespassers and verbal abuse in your own dwelling? How is it possible to be accused of abuse when someone enters your dwelling and assaults you? KB should of gotten a restraining order against PD. The judge admits she is lying about some things. Why is she making all the talk show appearances? NASCAR is scarred and has succumbed to the pressures of Political Correctness and has taken away KB’s chance to earn in his chosen career.
Obviously you can’t go around and assault people, but when someone else starts it, what is your recourse? None I guess, just take it. There is a lot more to this story then is being reported.

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