Updated

A Delaware family court commissioner has granted NASCAR driver Kurt Busch's request to delay a hearing on a protection from abuse petition filed by his ex-girlfriend.

Busch's attorney asked for the delay in court papers filed last Friday, saying Busch is participating in a race car rally in Italy and that his return flight is Dec. 2, the same day as the scheduled hearing.

The postponement was granted over the objections of an attorney for Patricia Driscoll, who said Driscoll wants a no-contact order entered as soon as possible.

The new hearing date is Dec. 16.

The family court matter is separate from an ongoing criminal investigation by Dover police into Driscoll's allegations that Busch assaulted her inside his motorhome at Dover International Speedway in September.