NASCAR on Friday indefinitely suspended Sprint Cup Series driver Kurt Busch after a Kent County (Del.) Family Court commissioner issued his opinion detailing the domestic violence acts allegedly committed by Busch against his ex-girlfriend Patricia Driscoll, the Charlotte Observer confirmed through sources familiar with the decision.
Xfinity Series driver Regan Smith is expected to replace Busch in Stewart-Haas Racing’s No. 41 Chevrolet in Sunday’s Daytona 500, sources confirmed.
In his order on Monday, Kent County (Del.) Family Court commissioner David Jones found “by a preponderance of the evidence” that Busch committed an act of domestic violence against Driscoll.
On Friday in a 25-page written opinion, a copy of which has been obtained by the Observer, Jones said he believed Busch “manually strangled” Driscoll in a confrontation in his motorhome on Sept. 26, 2014. The commissioner also believed there was “substantial likelihood” Busch could commit similar matters in the future.
The commissioner also found that Driscoll provided “false testimony” at times during the hearing but believed enough independent evidence existed to find merit in Driscoll’s claim.
Driscoll sought the order after alleging Busch smashed her head against the wall of his motorhome three times during last September’s NASCAR race weekend at Dover, Del.
The Dover (Del.) Police Department investigated Driscoll’s complaint but elected to send its findings to the Delaware attorney general with no recommendation. The attorney general’s office has yet to decide whether to seek any criminal charges against Busch.
Among the restrictions placed on Busch by the order:
— Busch cannot threaten, molest, attack, harass or commit any other act of abuse against Driscoll and any minor children in her household.
— Busch cannot come with 100 yards of Driscoll’s person, residence or workplace. At NASCAR races, Busch must maintain a “practicable distance” from Driscoll if both are in attendance.
— Busch cannot attempt to contact Driscoll in any way.
— Busch must be evaluated for “mental health problems” and follow any recommendations by the evaluator.
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