DOVER, Del. -- NASCAR driver Kurt Busch took the stand during the second day of a protection order hearing in Kent County (Del.) Family Court on Wednesday, calling allegations by his ex-girlfriend that he smashed her head into a wall a "fabrication."
The testimony came as a family court commissioner prepares to decide on a protection order filed by Patricia Driscoll last month.
According to court documents, Driscoll alleges Busch smashed her head three times against the wall of his motorhome while it was parked at Dover International Speedway.
Responding to her attorney's question about how long Busch had his hand on her face, she said that "when you're in a situation like this, it feels like forever ... even though you know it was smashed very quickly."
Busch and his attorneys have denied all allegations. The Dover police still are investigating the incident.
Busch testified that he had been sleeping the night of Sept. 26 when Driscoll arrived at his motorhome with her then-nine-year-old son, Houston. He says he told her repeatedly to leave, but she kept bringing her son in from another room, saying that Busch needed to tell the boy that the relationship between Busch and Driscoll was over.
Busch says Driscoll came to his motorhome uninvited and unannounced.
Busch says while the two were in his bedroom, he again asked her to leave, for what he said was the fifth time. He says he cupped her cheeks in his hands, looked her in the eye and said, "you need to leave." He says he was defusing the situation.
"It needs to be described because of the fabrication we listened to yesterday," he said of the details he shared in court.
Driscoll said there had been another physical altercation with the driver before the Sept. 26 incident.
She said that the first incident happened in the summer of 2012 at Busch's home, but that she did not go to police at the time.
Driscoll did not describe the incident in detail as her attorney finished redirection, but said Busch had run away from the house after the incident and was afraid the police would be there when he returned.
Busch said he was naked during the entire encounter.
Rusty Hardin, Busch's attorney, said that Driscoll was trespassing and the situation might never have occurred if she had left when he asked.
"Can you agree with me, ma'am, you don't need a protection order from him? Neither of you wants to be near the other," Hardin asked Driscoll in court.
Driscoll responded "No, I don't agree."
