NASCAR driver Kurt Busch will not face criminal charges after his ex-girlfriend Patricia Driscoll claimed he grabbed her by the throat and slammed her head into a wall three times. But the state attorney general's office has now said it could not establish 'beyond a reasonable doubt' that Busch committed a crime during the September incident. Last month Busch was indefinitely suspended from NASCAR after Driscoll was granted a 'protection from abuse' order from the Delaware Family Court. Scroll down for video . NASCAR driver Kurt Busch will not face criminal charges after his ex-girlfriend Patricia Driscoll claimed he grabbed her by the throat and slammed her head into a wall three times . Busch and Driscoll attend court in December. State prosecutors said there was not enough evidence to establish 'beyond a reasonable doubt' that Busch committed a crime during the September incident . Busch has lost two rounds of appeals for his reinstatement and has missed the first two races of the season, but officials said he will be following their recommended guidelines to be eligible in the future. His attorney Jim Liguori said Busch knew 'all along' he was going to be exonerated and that Driscoll tried to destroy the racecar driver's image in the press. 'But the truth wins out,' he said. 'The truth is its own defense.' Driscoll's attorney Carolyn McNeice said they were disappointed with the state attorney general's decision, but that it only made the no-contact order from the family court 'that much more important'. Under the order, Busch is not allowed to buy or possess firearms or ammunition, must undergo evaluation for 'mental health problems related to anger control', and must stay 100 yards away from Driscoll - with the exception of NASCAR races and related events - for one year. Driscoll,  37, testified that she and her son went to Busch's motorhome at the Dover International Speedway the night of the assault after receiving a slew of worrying texts from the racecar driver that seemed to indicate he was depressed. The couple had broken up a week before the alleged assault in September following a fight after one of Busch's races. Driscoll said after she entered the home, her ex-boyfriend accused her of 'having spies everywhere and having a camera on the bus to watch him'. Then, she said in documents filed in November, he jumped up, grabbed her face and smashed her head three times against the wall next to the bed before she ran to a nearby bus to put an ice pack on her head and neck. Last month Busch was indefinitely suspended from NASCAR after Driscoll was granted a 'protection from abuse' order from the Delaware Family Court . Under the order, Busch is not allowed to buy or possess firearms or ammunition and must stay 100 yards away from Driscoll - with the exception of NASCAR races and related events - for one year . Driscoll said she suffered severe pain, difficulty breathing and bruising on her neck following the assault. Busch testified that he was having a spiritual experience after watching Brad Pitt's 'Seven Years In Tibet' and was naked and sobbing on the floor when Driscoll showed up at his home. He said he only touched Driscoll when he cupped her cheeks with his hand so he could look her in the eye when he told her again to leave his home. A Dover police detective testified that Busch had said Driscoll's head then 'tapped' the wall. In his testimony, Busch said he could never have laid a hand on Driscoll because she was a trained assassin and a 'badass' who told him she had killed people before. He told the court, 'I know that she could take me down at any moment', and said his former girlfriend had once shown him images of dead bodies with gunshot wounds, as well as a scar from a stab wound on her stomach. Driscoll, a narcotics and homeland security consultant for a defense consulting firm in Washington, D.C., called the allegations 'ludicrous' and said Busch had ripped them from a screenplay she wrote. Conflicting testimony came not only from the former couple, but from supposed witnesses who had seen Driscoll following the fight. One of Driscoll's neighbors testified that she saw marks on the woman's face and neck hours after the alleged assault. NASCAR chaplain Nick Terry said he and his wife saw Driscoll 'immediately after the alleged assault' and did not see any marks on her. A Family Court commissioner agreed and said Driscoll had presented false testimony that conflicted with what Terry saw. But the court judge said he didn't believe Driscoll's 'false testimony' amounted to 'perjury or intentional falsehood'. The judge also said that Bush appeared to have snapped during a 'situational' event that he was unable to cope with and thus could not control his 'tendency to act out violently in response to stress'. Known as 'the Outlaw' in racing circles, Busch has a reputation for his temper. Busch's attorneys have asked the Family Court commissioner to re-open the hearing so that they can present testimony from three acquaintances of Driscoll who have come forward to contradict statements she made about her relationship with the driver. In court Driscoll said that Terry was being threatened and bribed by Busch's attorneys, claims he denies. Busch was fined $50,000 by NASCAR in 2011 after a fan filmed him verbally abusing an ESPN reporter and posted the video on YouTube, and was suspended again for a race in 2012 after verbally attacking another reporter. Driscoll's attorney Carolyn McNeice said they were disappointed with the decision but that it only made the no-contact order from the family court 'that much more important'
Patricia Driscoll said Busch grabbed her by the throat and slammed her head into a wall three times . Attorney general said there wasn't enough evidence to bring criminal charges . Last month family court granted Driscoll a 'protection from abuse' order . Stated that Busch had to stay 100 yards away from her for a year . The driver was indefinitely suspended from NASCAR, who said he is following their recommended guidelines to be eligible for reinstatement .