Kurt Busch ordered to stay away from ex-girlfriend, awaits NASCAR decision

With the Daytona 500 a week away, Kurt Busch's eligibility to race remains up in the air.

Busch is waiting on a NASCAR decision to see whether he'll be disciplined for allegedly assaulting his ex-girlfriend at Dover International Speedway. The driver has been ordered by a family court commissioner to keep a distance from Patricia Driscoll, according to ESPN's Bob Pockrass.

The order, issued Monday by commissioner David W. Jones, states that he "has committed an act or repeated acts of domestic violence against" Driscoll.

Driscoll claims Busch grabbed her by the neck and hit her head against his motorhome wall three times. He responded by saying he cupped her cheeks, but never smashed her head against a wall.

"I think it (the protective order) shows that Kurt was not credible (with his testimony)," Driscoll attorney Mark Dycio said Monday. 

The Delaware attorney general will determine whether criminal charges will be filed against Busch.