How to file an affidavit of non prosecution in Texas? And I am 18 years of age or older.Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute. The affidavit contains usually a simple statement from the alleged victim. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP. Many forms in Texas are not available in a fill-in-the-blank format. In general, Texas has very few official legal forms.