Busch's lawyers appeal restraining order and hope to introduce new witnesses

By Sheila Cosgrove Baylis
Updated February 20, 2015 06:05 PM
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Credit: Eric Jamison/AP

NASCAR driver Kurt Busch’s legal team is firing back with an appeal to the court’s protection order issued to former girlfriend Patricia Driscoll just as NASCAR suspends Busch indefinitely.

“Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately,” NASCAR said in a statement reported by ESPN. “He will not be allowed to race nor participate in any NASCAR activities until further notice.”

Busch then issued a statement condemning NASCAR’s decision.

“We are extremely disappointed that NASCAR has suspended Kurt Busch and we plan an immediate appeal. We assure everyone, including NASCAR, that this action against Mr. Busch will turn out to be a travesty of justice, apparent to all, as this story continues to unfold,” the statement reads. “We ask everyone’s patience as this case continues in the court of law and are confident that when the truth is known Mr. Busch will be fully vindicated and back in the driver’s seat.”

Busch’s lawyers filed a motion Friday in a Delaware family court to reopen hearings in the assault case in which Driscoll claims the racing star grabbed her throat and slammed her head into a wall.

Busch’s lawyer, Rusty Hardin, tells PEOPLE that he can present witnesses who contradict Driscoll’s version of events and confirm that she presented herself as a covert agent who works on behalf of the government.

Hardin says that Driscoll threatened a witness and is looking to “[ruin] the career and reputation of the man who left her.”

Driscoll has called the allegations “ludicrous and without basis” and said in a statement that Busch is an alcoholic in need of professional help.

“Mr. Busch’s statements in court serve to confirm my belief that he needs professional counseling to deal with his alcoholism and issues of depression,” the statement reads. “Since day one, I have stood by my statements that my motive was not greed but, in fact, concern for the man I love. I have previously shared my concerns for Mr. Busch’s mental state since the onset of this case, only to be dismissed by his legal team.”