Kurt Busch -- Restraining Order Is B.S. ... I Plan to Appeal

Kurt Busch says he plans to appeal the restraining order a Delaware court entered against him which requires the NASCAR driver to stay away from ex-GF Patricia Driscoll ... claiming she straight up lied to the court.

A Kent County Family Court Commissioner made the ruling Monday ... requiring Busch to stay at least 100 yards away from Driscoll's home and workplace after he allegedly roughed her up during an alleged altercation in a trailer at Dover International Speedway back in September.

The commish also ordered Busch to be evaluated for mental health problems.

In a statement, Busch's attorney Rusty Hardin tells TMZ Sports ..."We are deeply disappointed because we believe the evidence of Ms. Driscoll’s total lack of believability was overwhelming."

Hardin says, "We know that Kurt never committed an act of family violence. The evidence was un-contradicted that Ms. Driscoll committed the criminal offense of trespass when she entered his motor home at night, while he was sleeping, uninvited, without permission, and refused to leave when he repeatedly asked her to get out."

FYI -- Driscoll claims Busch grabbed her by the neck and smashed her head against the motor home several times.

Hardin acknowledges there was a physical confrontation ... but says Kurt NEVER slammed her head. "Mr. Busch’s conduct was totally reasonable and legal under the circumstances. He never intentionally, knowingly, or recklessly caused her any injury."

"We intend to appeal the Commissioner’s ruling."