Cruz

INTRODUCTION

We have considered the petition for writ of mandate and exhibits filed by petitioner

seeking an order directing the San Bernardino County Superior Court (respondent court) to

vacate its order continuing the Domestic Violence Restraining Order hearing to May 14,

2026, and set a hearing within the timeframe required by Family Code1 section 242,

subdivision (a). This court invited a response from respondent court and Real Party in

Interest on an expedited basis, notifying the parties that we were considering issuing a

peremptory writ in the first instance pursuant to Palma v. US. Industrial Fasteners, Inc.

(1984) 36 Cal.3d 171, 178 (Palma). Having received no response, we determine it

appropriate to issue a peremptory writ in the first instance.

FACTUAL AND PROCEDURAL HISTORY

On December 31, 2025, RPI filed a Request for Domestic Violence Restraining

Order (DVRO). On January 12, 2026, the court issued an amended Temporary Restraining

Order (TRO) removing petitioner from the family residence and granting him supervised

visitation with his children. At the January 12 hearing, petitioner appeared with counsel,

accepted service, and requested an immediate…