Busch's lawyers said they are also asking the Delaware Attorney General's Office to open an investigation of Driscoll to determine whether she has violated the Delaware criminal code offense of tampering with a witness.
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 charges.
Driscoll has granted several media interviews in recent days repeating her allegations.
One of Busch's lawyers, Rusty Hardin, released the following statement on Thursday afternoon after filing the petition:
"As Ms. Driscoll's contentions became ever more public, independent witnesses, who are close personal acquaintances of Ms. Driscoll's, have come forward and provided information that contradict her version of events after the split, before the alleged assault and immediately following the incident.
"All
the witnesses confirm Mr. Busch's testimony that Ms. Driscoll presented herself
to close friends and acquaintances as a covert agent involved in deadly conduct
on behalf of the government. One witness was threatened not to talk; and another
finds Ms. Driscoll's story completely incredulous based on his knowledge of the
parties involved.
"Ms.
Driscoll’s frantic media onslaught of the last 48 hours at a time Mr. Busch is
scheduled to drive in the most important NASCAR race of the year is further
evidence that this is not about domestic violence, but instead about ruining the
career and reputation of the man who left her. We are also asking the Attorney
General’s Office to open an investigation of Ms. Driscoll to determine whether
or not she has violated the Delaware criminal code offense of Tampering with a
Witness through her repeated attempts to harass and intimidate witnesses who she
fears will come forward with evidence that will totally undermine her
credibility."
Jones on Friday is scheduled to release his written opinion supporting the reasons for granting the order.
The petition filed Thursday included several attached exhibits including sworn witness statements and copies of text messages between Driscoll and potential witnesses.
