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.How to file an affidavit of non prosecution in Texas? And I am 18 years of age or older. Many forms in Texas are not available in a fillintheblank format. 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. Navigating a Texas Affidavit of Non-Prosecution for Domestic Violence: A Step-by-Step. Guide. This form contains detailed information that you and your lawyer need in order to more accurately assess the situation and craft an effective defense strategy. Priscilla Hernandez Chief Deputy. Defendants Johnny Clark ("Johnny") and Vaaiga Ina Clark ("Vaaiga"), husband and wife, appeal their jury convictions and sentences on drug trafficking charges.