Family Court judge upholds protection order against Kurt Busch
In March, the NASCAR Sprint Cup Series driver's attorneys asked for a Family Court judge to review Commissioner David Jones' February decision to grant the protection order.
Judge William Walls' decision was rendered Thursday morning and affirms Jones' decision to grant the protection order.
Busch was indefinitely suspended by NASCAR on Feb. 20 — two days before the season-opening Daytona 500 — after a no-contact order was issued against him for an alleged domestic abuse incident last September involving his ex-girlfriend, Patricia Driscoll.
On March 5, the Delaware Department of Justice announced that it would not press criminal charges against Busch.
NASCAR announced on March 11 it had lifted its indefinite suspension of Busch and that the 2004 Sprint Cup champion would be eligible to participate in the 2015 Chase for the NASCAR Sprint Cup, if he qualified.
Chevrolet, which also suspended Busch's personal services contract on Feb. 20, also reinstated Busch on March 11.
In making the announcement, NASCAR said the decision to lift the suspension was made by NASCAR after:
● Busch complied with all requirements in its reinstatement program;
● Busch completed the mandatory behavioral assessment sessions; and
● The behavioral health care expert who conducted the sessions recommended to NASCAR that Kurt Busch be allowed to return to competition.
"Kurt Busch now will undergo additional steps to address the behavior for which he was penalized," the statement read.
"As we stated last week, the elimination of the possibility of criminal charges removed a significant impediment to Kurt Busch's return to full status as a NASCAR member," said Steve O'Donnell, NASCAR executive vice president and chief racing development officer in a statement released by NASCAR. "We therefore have decided to move him to indefinite probation and waive the Chase requirement. He has fully complied with our reinstatement program during his suspension and the health care expert who conducted his evaluation recommended his immediate return.
"We have made it very clear to Kurt Busch our expectations for him moving forward, which includes participation in a treatment program and full compliance with all judicial requirements as a result of his off-track behavior."
In nine races since returning to competition at Phoenix International Raceway in mid-March, Busch has a win, two poles, three top fives and five top-10 finishes. By virtue of his win and being in the top 30 in points, he is all but guaranteed of being among the 16 drivers who will comprise this year's Chase.
In February, Jones ruled in favor of Driscoll's request for a no-contact order, which stipulates that for the next year Busch must stay 100 yards away from Driscoll except for "at NASCAR races and related events where closer proximity is required" for Busch to "perform his duties as a driver or sponsored athlete." Also, Busch can't buy or possess firearms or ammunition for the next year and must be evaluated for "mental health problems related to anger control and impulse control."
The ruling stemmed from a disagreement Busch and Driscoll had that took place on Sept. 26, 2014, two nights before the fall NASCAR Sprint Cup Series race at Dover International Speedway.
Driscoll alleged that after an argument, Busch smashed her face three times into a bedroom wall inside Busch's motorcoach. Busch has emphatically denied the charges, saying he cupped her face and told her she had to leave, and that in the process the back of her head "tapped" the wall of his bedroom.
The case first went to family court, where Driscoll sought and was granted the protective order against Busch.
Busch was indefinitely suspended by NASCAR after Jones' ruling in favor of Driscoll.
Jones ordered Busch to be evaluated to see if there is a "treatable mental health condition." He also said Busch must follow any suggested treatment plans.
