Kurt Busch's legal team appeals protective order

DAYTONA BEACH, Fla. – Kurt Busch’s legal team filed a motion for re-argument to Commissioner David W. Jones of Kent County (Del.) Family Court on Thursday in the hearing between the NASCAR driver and his former girlfriend Patricia Driscoll.

Jones oversaw the initial hearings which resulted in Driscoll receiving a protective order against the Stewart-Haas Racing driver on Monday.

According to Rusty Hardin, Busch’s attorney, additional witnesses “have come forward and provided information that contradict her version of events after the split, before the alleged assault and immediately following the incident”.

The witnesses, which Hardin described as “close personal acquaintances of Ms. Driscoll’s” were unwilling to come forward during the initial hearings on Dec. 16^th and 17^th and January 12^th and 13^th, according to the motion, “for fear of retaliation by Ms. Driscoll."

Hardin requested that Jones delay the Supplemental Disposition until after the new testimony can be heard and “which we know will support findings of perjury and lack of merit to her allegations.”

This is not about domestic violence, but instead about ruining the career and reputation of the man who left her.

Rusty Hardin

Hardin contends that “Driscoll’s frantic media onslaught of the last 48 hours” prior to the Daytona 500 is further proof “that this is not about domestic violence, but instead about ruining the career and reputation of the man who left her.” Driscoll's media blitz this week has included one-sided interviews featured in Sports Illustrated, Good Morning America and FOX & Friends.

Hardin is also requesting that the Attorney General’s Office “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.”

According to the request, Busch has not had contact with Driscoll since Sept. 26.

On Thursday, Busch finished 12th in the second Duel qualifying race at Daytona International Speedway on Thursday.