Attorney: Busch's ex-girlfriend believed driver was in emotional distress when she visited him

FILE - In this Dec. 6, 2013, file photo, Kurt Busch and Patricia Driscoll arrive at the NASCAR Sprint Cup Series auto racing awards ceremony at The Wynn Resort & Casino in Las Vegas. Police in Delaware say they are investigating a domestic assault allegation made against NASCAR driver Kurt Busch. The Dover Police Department said in a statement Friday, Nov. 7, 2014, that the allegations were brought to the department on Wednesday. His ex-girlfriend, Patricia Driscoll, said the allegations involved an incident inside his motorhome at a race. (AP Photo/Eric Jamison, File) (The Associated Press)

An attorney for the ex-girlfriend of Kurt Busch says his client believed the NASCAR driver was in emotional distress when she drove to a Delaware race track to visit him, even though they had broken up earlier that week.

Patricia Driscoll has accused Busch of domestic assault, and police in Dover, Delaware said Friday they are investigating the incident that allegedly occurred inside Busch's motorhome at Dover International Speedway on Sept. 26.

Driscoll has filed court documents asking a judge to order Busch to stay away from her and not contact her. The documents allege Busch verbally and physically abused her and smashed her head against a wall three times.

Driscoll's Virginia-based attorney Mark Dycio said Saturday the driver sent Driscoll text messages that she interpreted as "a cry for help."