Kurt Busch 'likely' strangled ex-girlfriend, Delaware court writes

A protective order issued against Kurt Busch on Monday was granted because "more likely than not" the NASCAR driver physically assaulted his former girlfriend.

In a written opinion released Friday, Kent County (Del.) family court commissioner David Jones determined evidence showed Busch grabbed Patricia Driscoll by the throat, "manually strangling her" while placing his other hand on her face and smashing her head against a wall.

The alleged incident occurred inside Busch's motor home Sept. 26 at Dover International Speedway, the site of that weekend's NASCAR race. Busch and Driscoll had broken up the week before.

"It is more likely than not that on Sept. 26, 2014, (Busch) committed an act of abuse against (Driscoll) by manually strangling (Driscoll) with his left hand on her throat while placing his right hand against her chin and face, causing her head to forcefully strike the interior wall of (Busch's) motor home, thereby recklessly causing physical injury to (Driscoll).''

A criminal investigation is ongoing. Police handed the case to the attorney general's office in late December, which is still determining whether Busch should be charged.

Busch is scheduled to drive in Sunday's Daytona 500.