Hm. Actually, you're right—because it's still part of your realm.
If we introduce methods of resisting TOs, I think lone nobles should be capturable in regions under TO.
I was just saying that as food for thought. If nobles are capturable, it'd force them to flee their realm if their capital is being TOed, as they'd not have anywhere safe to be. I don't see this as either good or bad, just something to consider.