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."