How to file an affidavit of non prosecution in Texas? 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. And I am 18 years of age or older. An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures. How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required? I understand I have the right to counsel to advise me before I sign this affidavit.