Josh Duggar has filed to dismiss adult film star Danica Dillon's battery lawsuit
In court documents filed on Dec. 30 and obtained by ET, the former 19 Kids and Counting star's lawyer, Jeffrey A. Conrad, argues that "the Plaintiff has not alleged that Defendant attempted by force to do injury to her.”
The documents also claim that Dillon "did not provide anything more than a formulaic recitation of the elements of assault and/or battery," adding, "Her labels and conclusions are not adequate, particularly because she states that she consented to physical and sexual contact in exchange for payment."
With regard to the motion to dismiss, a source in the Duggar family tells ET, "In court, it doesn’t matter who is right or wrong. It’s who can prove it. And that’s just the plain and simple way the world works.
"Sometimes it's unfair, it’s just the way it is. If you can’t prove it, regardless of if it happened or not, that’s what the court goes by, is evidence," the source adds. "Josh is a smart guy, and I hope to god he is getting the help he needs."
In the lawsuit filed by Dillon in November, she is asking for $500,000, and alleges that Duggar
caused her "physical and emotional injuries."
In September, Dillon candidly addressed her alleged sexual encounters with the 27-year-old TV personality in an exclusive interview with ET
"He threw me on the bed and, in all honesty, though it was consensual it more or less felt like I was being raped," Dillon claimed at the time, adding that he had allegedly offered her $1,500 to have sex with him in March and April of 2014.
"I never said no, I am going to have to reiterate that, I never told him no," she told ET. "But I did push him back and push him off and say that's too rough, that's too rough."
In December, Anna broke her silence
on TLC's Jill and Jessa: Counting On
, saying that she was not ready to leave her husband, explaining, "My prayer and my heart's desire is for our marriage to be restored."
Watch the video below for more details from Dillon's battery lawsuit
against Josh Duggar.