( CNN ) NASCAR driver Kurt Busch will not be charged with domestic violence against his ex-girlfriend , the Delaware Department of Justice announced Thursday , citing a lack of evidence . Busch was accused by Patricia Driscoll of grabbing her by the throat and slamming her head against the wall in his motor home at Dover International Speedway in September . `` After a thorough consideration of all of the available information about the case , it is determined that the admissible evidence and available witnesses would likely be insufficient to meet the burden of establishing beyond a reasonable doubt that Mr. Busch committed a crime during the September 26th incident , '' Delaware Department of Justice public information officer Carl Kanefsky said in a statement . `` Likelihood of meeting that high burden of proof is the standard for prosecutors in bringing a case . For this reason , the Department of Justice will not pursue criminal charges in this case . '' In a statement Thursday , Busch said he is grateful that the prosecutors decided not to file charges . `` I wish to thank my family , friends , fans , and race team who stood by me throughout this nightmare with their unwavering support , '' Busch said . `` Thanks also goes to my legal team for making sure that the truth got out and was fully provided to the prosecutors . As I have said from the beginning , I did not commit domestic abuse . I look forward to being back in racing as soon as possible and moving on with my life . '' While Busch will not be charged , he must stay away from Driscoll for one year , a Kent County , Delaware , family court commissioner ruled in February . Driscoll had requested a no-contact order against Busch . Stemming from the family court ruling , NASCAR suspended Busch indefinitely shortly before the Daytona 500 . That decision was upheld after appeal . CNN has reached out to NASCAR for an update on Busch 's status but did not immediately hear back . `` Patricia and I are very disappointed that Kurt will not be prosecuted for the abusive acts he committed in September , '' Driscoll 's attorney , Carolyn McNeice , said Thursday . `` The ( attorney general 's ) decision , however , only makes the order that we received for protection from abuse that much more important . `` As you can see , in some cases , this is the only protection the victim will get . This civil no contact order is a critical tool for protecting victims . '' Busch 's attorney , Rusty Hardin , previously has said that he would appeal the family court ruling and would continue to work to clear Busch 's name . At the no-contact hearing , Busch testified that he believes Driscoll is a trained assassin for the U.S. government and that she once showed up wearing a gown covered in blood . Driscoll is a defense contractor and is authorized to carry weapons . McNeice has said that her client denies Busch 's allegations .
Delaware Department of Justice wo n't pursue charges against NASCAR driver Kurt Busch . Busch has denied committing domestic abuse against ex-girlfriend Patricia Driscoll . But Busch must stay away from Driscoll for September , according to family court ruling .