Caldwell

Rocco F. Coppola appeals the domestic violence injunctive order restraining him from harassing the applicant, Pamela L. Caldwell, and her sister, Kim Tucker. Coppola contends the order is void for lack of personal jurisdiction based on improper service. Coppola asserts service was improper because Tucker, a person protected by the court’s order, personally served him with the application and supporting declaration. Coppola suggests a person protected by a temporary restraining order (TRO) is a party to the proceeding and, as such, cannot validly effect personal service. We agree and reverse.

Facts and Procedure

On June 14, 1988, using forms adopted by the Judicial Council, rule 1296, Caldwell applied for an ex parte order to show cause and TRO against Coppola. On the application Caldwell indicated she and Coppola were not related but lived in the same household within the last six months, until Caldwell moved out on May 1, 1988. Caldwell’s application described an incident on June 11, 1988, where Coppola came to her business, threw her down and repeatedly hit her head on the ground. On page 4 of the application, Caldwell indicated she lived alone. Kim Tucker was named…