Kurt Busch called to testify at hearing on alleged assault

The attorney for Kurt Busch's ex-girlfriend has called the NASCAR driver to the witness stand to testify Wednesday in a hearing in which the woman is seeking a court order directing him to stay away from her.

Patricia Driscoll's attorney called Busch to testify just before a lunch break in Wednesday's hearing. It was not immediately clear whether Busch would testify or cite his Fifth Amendment right to keep his silence.

Driscoll, 36, testified Tuesday that Busch choked her and smashed her head into a wall inside his motorhome at Dover International Speedway in September, and that she still fears for her safety.

"I don't know what he's capable of doing," she said.

Busch's attorneys have denied the allegations, which are the subject of a separate criminal investigation by Dover police. They say a no-contact order is not needed.

Driscoll testified that she became concerned about Busch after the couple fought following a race in New Hampshire, one week before the Dover incident. She said Busch was drinking and struggling with depression. Driscoll said he also became violent after the New Hampshire race.

Defense attorneys said Busch told her then that their relationship was over, but that she refused to accept the couple had permanently split.