Help Rachel Armstrong-SC Mom Falsely Imprisoned

This is sweet Rachel Armstrong and her beloved son, W*****. On Wednesday, September 20, 2023, Rachel was sentenced to 90 days in jail at the ******** County Detention Center because she could not pay $7,500 to the sitting judge who was previously W's father's attorney.

Rachel Armstrong arrested & sentenced to 90 days in jail.

******* County Courthouse, South Carolina

DETAILS OF A FAMILY COURT NIGHTMARE:

Rachel (and W*****) have been trapped in PREDATORY LITIGATION in Family Court for five long years. Those familiar with Family Court know court corruption allows one party to outsource abuse and cause irrevocable harm through the court system itself.

At a hearing held March 22, 2023, Rachel provided financial statements and information to Judge H. W. proving she could not pay more legal fees. Judge H. W. ignored the law which states a judge must consider a litigant's ABILITY to pay, and signed an Order which all but ensured a bench warrant would soon be activated.

After the March 22nd hearing, the Order took 58 days to produce. By this date on May 19, 2023, one of the payment deadlines threatening a bench warrant had already passed. As a citizen who had never been in any trouble with the law or involved in any kind of litigation, Rachel did not understand how she could be expected to pay money she did not have and could not obtain. In short, Rachel expected the judges and the court to seek justice and follow the law.

In the following weeks, the opposing attorney, judge, and clerk’s office would not answer Rachel’s questions. In what appears to be a pattern in predatory litigations, Rachel’s own attorney abandoned her by filing to be released as counsel March 10, 2023, 12 days before the March 22, 2023 hearing, an event the same attorney had helped set into motion. As a result of these facts, Rachel had no time to secure a new attorney before the hearing and no one to help clarify the terms of the Order afterward. Rachel had no one to help her address the Order's impossible demands. Sadly, it appears none of Rachel's attorneys worked for Rachel.

Though Rachel attempted to set up an extended payment plan, Judge M. K. would not respond. The judge diverted all communication to W's father's new attorney, Ms. P., the former law partner of Judge M. K.

When Rachel attempted to communicate with Ms. P, Ms. P ignored her. According to those familiar with Rachel's case, the goal of this type of litigation is bankruptcy and incarceration of one party in order to facilitate the termination of that party's parental rights. After the predatory party racks up unnecessary legal fees, a judge then orders the targeted party to pay. When the party cannot pay, he or she is arrested and jailed.

K brought the legal action against Rachel to alter custody arrangements of W. Rachel and W's father were never wed. There were no assets to divide and no contested issues except those raised by W's father with regard to visitation. The fees Rachel was ordered to pay were charged to W's father by HIS attorney M.K. during a five-day trial where Rachel was forced to appear as a self-represented litigant.

On June 30, 2023, a bench warrant was activated. Because Rachel had been forced to defend herself after her attorney abandoned her in mid-March, she had been unable to work since she could not find or afford new counsel. After living under the daily threat of an active bench warrant for nearly two months, Rachel called police to her home to pick her up peacefully in late August. When police arrived at Rachel's home, they stated they would not take Rachel in until they “investigated” and spoke to Ms. P. Neither the police nor Ms. P ever contacted Rachel regarding the matter of the bench warrant or the debt to Judge M. K. again.

Due to these facts, Rachel believed it was safe to attend the September 20th hearing at the County Courthouse (yes, the same courthouse and judicial circuit where convicted murderer Alex Murdaugh tried cases). The hearing had been arranged by the guardian ad litem in the case, S. M., reportedly to clarify mediation and to discuss the approaching one year deadline to schedule a final trial.

At the close of the hearing, Rachel walked out of the courtroom to find officers standing outside the courtroom's double doors. According to Rachel, one of the officers had smiled as he held up a pair of shiny handcuffs and flicked them open in a quick move which she said had reminded her of the action of a switchblade she'd seen in movies.

As onlookers gaped, Rachel dropped her handful of papers on the marble courthouse floor. Rachel then entered what she described as a state of shock. Rachel's mother, Renee, had been asked to wait inside the courtroom, but when she heard the commotion, she rushed out to witness the shocking scene. Renee stated her first instinct was to run to her daughter and hug her, but she was held back by another officer who attempted to confiscate Renee's phone. Renee reported she attempted to take video, but in the end, she was only able to snap one picture. At that time, Rachel's mother reported that she too stood and stared in shocked horror.

SIGNIFICANT FACTS:

The night before the September 20th hearing,

Rachel wrote the following:

PRAYING IN THE DRESS

by Rachel Armstrong

For my mother. . .

On August 23, 2023, I clutched my Bible and rocked on my mother’s front porch.

It was the hottest day of the year.

After scanning the street in both directions, I blew out a breath, rocked a little more, and waited for police to come.

My son's father had always promised he would destroy me if I ever tried to leave him. He'd promised he would make me pay and pay. My son's father had kept those promises. On that hot morning in August, I tried not to think about everything I’d survived. I tried not to think about broken doors, fist-sized holes in the walls, or big hands squeezed tight around my neck. Mostly, I tried not to think about my beautiful son and the day his father and the court had taken him from me for no reason. If I thought about it too long, my heart would break into a million smaller pieces. Shaking those thoughts away, I smoothed the hem of my dress a little lower to cover the bruises on my knees. I'd been doing a lot of praying.

The dress I wore to go to jail had a vintage feel. It was bright yellow with bold flowers and a sweet little bird on the front. My mother had always worn beautiful dresses when I was a little kid. I'd worn that dress because it reminded me of her and because it made feel strong. After I’d scrubbed my face clean, I’d looked at myself in the mirror and decided not to put on make up. I knew God thought I was beautiful.

I’d worn the same dress to court back on the fateful day they’d taken my son.

I remember coming home and just falling on the porch wearing that dress.

I’d been crying and sobbing so hard. . .

Sometimes I miss my son so much I can’t breath.

I'd called police because I couldn’t live under the constant threat of a bench warrant. I couldn’t live knowing the hardship and stress my life was causing my mother. I’d been embarrassed to say it in open court, especially in front of W's father, but I told Judge H.W. in May that I had no money. I told her they’d taken everything the last time I was ordered to pay money I couldn’t afford. My mother had helped me. We'd scraped and struggled to pay the first big debt. They’d passed an offering plate for old jewelry at church and my mother had sold her own jewelry to help raise those funds. I’d given Judge H. W. my financial documents showing I couldn’t pay, but she didn’t care. She’d signed that Order anyway.

Before the police arrived, I got down on my knees and prayed for protection. I prayed my child would be proud of me no matter what happened. I prayed he would be protected until we could be together again. For some reason the police wouldn't take me in. They said they had to talk to his father's attorney first.

I don’t know why I wasn't arrested in July or August, but I have court again tomorrow. Maybe I’ll wear that dress, or maybe I’ll wear something else and start a new chapter? Maybe they’ll return my son to me now that the guardian ad litem seems to be helping. All I can do is pray.

After the police drove away, I got down on my knees again. I lifted my arms high and praised God. I thanked Him for holding me in His big hands.

Though I barely remember the faces of the officers that day, I remember every detail of my mother's face. I remember the way she smiled at me when she took my picture. I won't allow myself to think of it as the day I called police. I'll think of it as the day I felt God's love and my love for my son. I'll think of all the love I felt from my mother while she watched over me praying in the dress.

September 19, 2023

UPDATE:

September 24, 2023: Rachel's mother was able to obtain a loan so Rachel would not remain incarcerated 90 days until the $7,500 was PAID IN FULL as stated in a Family Court Order WRITTEN BY OPPOSING ATTORNEY, Ms. P., AND SIGNED BY JUDGE H.W.

In addition to the loan, Rachel and her mother have been informed Rachel must pay another $7,500 to the guardian ad litem, a deposit for the mediation ordered by Judge G. M. just moments before Rachel’s arrest, “court fees” which have never been clearly defined, and a $420 (base fee) simply to spend time with W every other Sunday.

We will continue the fundraiser to assist Rachel Armstrong in her ongoing battle to avoid incarceration so she may soon be reunited with her son.

We thank you for your support.