DOVER, Del. (WBOC) - Attorneys for NASCAR driver Kurt Busch allege his ex-girlfriend, Patricia Driscoll, perjured herself during a recent hearing in Kent County Family Court.
Written closing arguments for Busch's protection from abuse hearing were finally submitted this week. This comes three weeks after the in-person portion of the hearing wrapped up in Dover. The hearing included four full days of testimony spread out across a month. Driscoll
Driscoll asked for the protective order after alleging the driver slammed her head three times into the wall of his motorhome at Dover International Speedway in September.
In the letter submitted to the court, Busch's attorneys wrote: "Though the bar for issuing a protective order is admittedly a low one, it should not be cleared on the wings of perjured testimony... We dutifully submit that it would be morally and legally wrong to issue an order against Kurt Busch in light of the continued perjured testimony presented by Patricia Driscoll as she sought to ruin his reputation and career."
In court Busch strongly denied Driscoll's claims multiple times. He called them a "fabrication." He even said he believed she was a trained assassin and could take him down whenever she wanted. Busch said all he did the night of the alleged assault was cup Driscoll's face and tell her to leave his motorhome.
"We find repeated instances of unadulterated perjury by Ms. Driscoll," his lawyers wrote. "Ms. Driscoll clearly had motive to lie."
Those are just allegations of perjury. There are no criminal charges filed.
Driscoll's attorney believes what happened in the motorhome is enough to warrant the no-contact order.
In the attorney's closing arguments, she wrote: "The burden of proof is on the petitioner (Driscoll) to prove, by a preponderance of the evidence, that the abuse occurred... Petitioner has proved in this case that Mr. Busch caused an act of abuse and/or that his behavior caused her fear or emotional distress."
During the hearing Busch's attorneys pointed out frequently Driscoll and Busch have stayed away from each other without a formal court order. Driscoll's attorney countered that in her closing.
She wrote having to prove, "the abuse is present and on-going at the time of the hearing... would be a dangerous, impossible burden. Fortunately, the statute does not require such a finding. Lack of subsequent threats is not a defense to abuse resulting from an earlier attack."
According to staff at Kent County Family Court, Driscoll's attorney will have the opportunity to submit rebuttal to the arguments submitted by Busch's attorneys. That reply is due by close of business Thursday.
Family Court Commissioner David Jones is reviewing the case. There is no indication of a timeline for when he will issue a ruling.
The Dover Police Department conducted a criminal investigation into the incident. In December detectives turned it over to the Delaware Attorney General's Office. Officials there have not yet announced any decision on possible charges.
